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HomeMy WebLinkAboutPacket - 02/15/2016 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING Monday, February 15, 2016, 7:00 PM 1. Call to Order 2. Roll Call 3. City of McHenry Mission Statement 4. Public Comment: Any person wishing to address the City Council will be required to step forward to the podium and identify themselves for the record and will be asked but are not required to provide their address. Public comment may be restricted to three -minutes for each individual speaker. Order and decorum shall be maintained at public meetings. 5. Motion to approve the following Consent Agenda Items: A. Adoption of FY 2016/17 — FY 2020/21 Capital Improvements Program; B. Ordinance authorizing the Mayor's execution of an Intergovernmental Agreement with City of Woodstock, City of Harvard, and McHenry Township Fire Protection District for a Dispatch Center Partnership; C. Ordinance Reserving Volume Cap in Connection with Private Activity Bond issues and Related Matters relating to K&L Equity, LLC/Fabrik Industries, Inc.; D. Ordinance authorizing the sale of public property owned by the City of McHenry through Clinton Auto Auction; E. Renewal of agreement with D's Marine Service, Inc. for lease of city property located at 3302 W. Waukegan Road for a one-year term expiring 2/28/17 with an option for one additional year; F. Request from Letizia Financial Group for special use and temporary sign permits and waiver of associated fees for the annual Back to Family Outdoor Move Night in Veterans Memorial Park on Sept. 9th, 16th, and 23rd; G. Request from Letizia Financial Group for special use and temporary sign permits and waiver of associated fess for the annual Green Street Cruise Night on Monday evenings from May 23rd thru September 26th from 6:00 PM to 8:30 PM; H. 14th Annual Kiwanis Soap Box Derby, June llth, June 4th Practice Run; Use of City Support Services, Intermittent closure of certain portions of Waukegan and Green Streets; and waiver of associated fees; I. Special Use/Park Picnic Permits; J. January 4, 2016 City Council meeting minutes; and K. As Needed Checks in the amount of $13,685.82; and L. List of Bills in the amount of $597,302.70. 6. Motion to approve a Resolution establishing an Honorary Street Sign Dedication for the intersection of John Street and Center Street as Honorary Rose Ann Guerin Walsh Way 7. Motion to approve an application for a Class A liquor license from Venus, Inc. d/b/a My Place Bar &Grill located at 4621 West Elm Street and Ordinance increasing number of Class A licenses in effect from 23 to 24 The City ojMcHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, efficient, and frscally responsible manner. McHenry City Council Agenda February 15, 2016 Page Two 8. Motion to approve a budget amendment in the amount of $1389500 from the General Fund fund balance to the Capital Improvement Program for the purpose of retaining construction design services for the relocation of the Police Administration and Expansion of Dispatch Services; and 2) a motion to approve a professional services agreement with FGM Architects in the amount of $115,000 for design and construction of the Police Department 911 Center & Administrative Spaces; and 3) approve two (2) additional not to exceed amounts; one for $18,000 for the selection and procurement of furniture and a second for $5,500 for audio-visual consulting services relating to said improvements 9. Motion to approve a Use Variance to allow a Financial Institution for the property located at 4405 West Elm Street 10. Motion to approve a Conditional Use Permit to allow an Open Sales Lot and Variance from Off -Street Parking & Loading Requirements for the property located at 1112 N Front Street 11. Motion to approve Conditional Use Permits to allow Motor Vehicle, Trailer Repair, Body Shop and Outdoor Storage as a principal use for the property located at 908 Front Street 12. Motion to approve a Use Variance to allow Motor Vehicle, Trailer Repair, Body Shop, and Outdoor Storage for the property located at 1401 North Drive 13. Motion to approve the Curran RoadBull Valley Road Improvements Construction Engineering Services Agreement for Federal Participation with HR. Green, Inc. for an amount not to exceed 3)119,832.94; Local Agency Agreement for Federal participation; and Resolution approving an Intergovernmental Agreement between the City of McHenry and State of Illinois appropriating funds for the Bull Valley Road Roadway Improvement Project 14. Mayor's Statement and Reports 15. Committee Reports 16. Staff Reports 17. Future Agenda Items 18. Executive Session: SILCS 120(2)(c)(1)-Employment Matters 19. Anticipated motion for Approval of a Labor Agreement between the Illinois Fraternal Order of Police Labor Council representing Police Officers (Unit 1) and City of McHenry and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City of McHenry 20. Adjournment The City of McHenry is dedicated to providing its citizens, businesses, and visitors with fhe highest quality of programs and services in a customer -oriented, efficient, and frscally responsible manner. Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us DATE: February 15, 2016 TO: Mayor and City Council FROM: Derik Morefield, City Administrator Carolyn Lynch, Finance Director RE: Adoption of FY16/17 Capital Improvement Program (CIP) At its February 15t meeting, Council had the opportunity to provide input regarding the Draft FY16/17 — FY20/21 Capital Improvement Program (CIP). Based on this input, and subsequent review and feedback, some revisions to expand narratives and bring project numbers in to alignment have been made to the document. The purpose of this City Council agenda item is to present the final revised FY16/17 - FY20/21 Capital Improvement Program (CIP) for adoption. The following narrative is excerpted from the February 1, 2016 City Council Agenda Supplement and is being provided for informational purposes. Note: Due to the size of the CIP document it has been saved as a separate file in DropBox for your review. Also, it will be saved and identified as a separate document as part of the online posting of the agenda packet for access by the public. Background The City of McHenry uses capital improvement planning for the multi -year preparation, scheduling, and updating of a list of projects and related equipment to be acquired, built or improved by the City within a fixed period. It covers the entire range of public facility and service requirements. The program lists all future projects, the amount requested for each year, and the proposed source/method of financing. On the basis of this information, summaries of capital activities and financial requirements can be identified for each year. As both ashort- and long-range plan for physical development, the CIP links the City's Comprehensive Plan and other planning documents with the annual budget. It provides a mechanism for: • Estimating capital requirements; • Proposing revenue sources for existing and future projects; The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. • Planning, scheduling and, most importantly, implementing projects; • Budgeting high priority projects; • Coordinating the activities of various departments' project schedules; and • Monitoring and evaluating the program of capital projects. The first year of scheduled projects is referred to as the "Capital Budget Year" and includes those projects recommended for funding in the upcoming fiscal year however the CIP does not, in and of itself, appropriate funds for capital projects. Instead, these projects will be further prioritized based on need, be subsequently included in the FY2016/17 Budget request, and submitted to the City Council for consideration based on available funding. Importantly, it is not realistic to assume or believe that all projects requested or recommended for either the Capital Budget Year or within the 5-year CIP planning period can be funded for implementation. Ultimately, funding for capital projects on an annual basis relies on a combination of available revenues generated over and above operating expenditures and the City's ability and willingness to commit cash reserves and/or fund balances. In terms of process, annually the City Administration develops status updates for projects that have been funded during current budget year and project requests for new projects. These requests can be updates and resubmittals of project requests from previous years or entirely new project requests. Once submitted, the City Administrator, Finance Director, and respective Department Director and, where appropriate, other Departmental Staff meet to review the projects, clarify the purpose and scope of the projects, and to identify the priority of the projects based on need. This results in moving projects up or down the priority scale or within the 5-year CIP planning period. The City Administrator then takes the results of this process and begins the development of the 5-year CIP document. The initial compilation of project requests was provided to the Finance & Personnel Committee for input on January 11th. The draft before Council on February 1st represents further development of the CIP document. Summary/Overview of the FY16/17 — FY20/21 Capital Improvement Program The 5-Year Capital Improvement Program, as presented, continues to reflect the guiding principles that it be balanced and meet the needs of afull-service city. In establishing this balance, it is important to identify that this plan includes the funding of projects which are related both to the maintenance and replacement of existing assets — from vehicles and equipment to playground amenities — as well as the evaluation and introduction of new projects, services and facilities to be able to respond to the increasing needs of a growing and diverse population. This balance is not only desirable but, more importantly, necessary if McHenry is to retain and expand upon the high quality of life which its residents enjoy. Ultimately, the benefit of the 5-Year CIP is not measured in the number of projects or dollars expended in any single year, but rather is measured cumulatively in achieving the long-range goals of the community. As proposed, the schedule of projects identified in the 5-Year CIP far exceeds the City's existing financial resources however this is not unexpected, unusual or uncommon. Conversely, this is one of the benefits of having a Capital Improvement Program. It allows for the annual evaluation, prioritization, and scheduling of projects via a uniform, consistent, and objective process. In addition to recommending projects for funding in the Capital Budget Year, the CIP also identifies and outlines those projects that are recommended to be undertaken in the succeeding five years and, hence, compels the City to begin planning and strategizing these projects from a community -wide perspective in relation to the goals and objectives established for the City, as distinct from the view of a single department and/or operation. Most often, when clear communication and cooperation exists between the public, elected officials, and the administrative organization of the municipal government, the CIP tends to become a planning tool with clear short and longterm capital objectives and goals. While sales and income tax revenues have shown growth in recent years the City Administration continues to take a cautious approach to estimating revenues derived from these sources on an annual basis. This is in response to the economic recession of the previous decade that resulted in unmet revenue projections, constricted spending on operational and capital items, and a decline in the General Fund fund balance. This conservative budgeting approach has resulted in the City's ability to gradually reintroduce capital projects over the last four fiscal years and the rebuilding of the General Fund fund balance, which is not only important for ensuring that there is a sufficient operational reserve, but also provides the City with the ability to undertake substantial capital projects, as are proposed in the FY16/17 — FY20/21 CIP, with an assurance that funding is available. The CIP document itself is divided in to six (6) chapters. Chapter 1 provides an introduction to capital improvement planning and methodology. Chapter 2 is an update of the status of capital improvement and capital equipment projects that were included in the FY15/16 Budget for implementation. Chapter 3 is a summary and overview of the 5-year Capital Improvement Program. Chapter 4 identifies projects proposed and recommended for funding through the General Fund. Chapter 5 identifies projects proposed and recommended for funding through the Water and Sewer Utility Fund. Finally, Chapter 6 identifies projects proposed and recommended for funding through the Tax Increment Finance Fund. Chapters 4, 5 and 6 include a description of the fund CIP objectives, a table summary comparing the various CIP projects, detailed project narratives and finally, new for FY16/17, a list of projects being recommended for funding in the FY16/17 Capital Budget Year by the City Administration. It should be noted that this list of recommended projects is subject to further reduction based on the development of the FY16/17 Budget and the availability of funds. General Fund CIP The 5-year General Fund Capital Improvement Program includes thirty-eight (38) projects with an estimated cost of $65,689,276. By far, the largest single project category in the 5-year CIP is that which includes Streets/Sidewalks/Signals improvements, totaling $53,876,350. This amount includes an estimated $48,385,350 for the Local Street Program; $250,000 for Pavement Maintenance/Cracksealing; $400,000 for the Sidewalk Program; with the remaining amounts being comprised of such improvements as the Bull Valley Road/Curran Road Intersection ($1,600,000), Curran Road S-Curve Safety Improvements ($500,000), Pearl Street/Lincoln Road Improvements ($1,875,000), Ringwood Road Improvements ($271,000), Illinois Route 31/Veterans Parkway Traffic Signal ($300,000), and improvements to Venice Avenue. While the Bull Valley Road/Curran Road Intersection, Curran Road S-Curve, Pearl/Lincoln and Ringwood Road improvements are all proposed for funding primarily through non -municipal sources such as the Surface Transportation Program (STP) or Highway Safety Improvement Program (HSIP), it is important to note that these projects require local matching dollars of between 10% and 20%. In the past, this amount has been funded through Motor Fuel Fax (MFT) funds however, a combination of a decline in MFT dollars with the need to utilize MFT funds for road salt and debt service will require that the City look to the General Fund for these matches in the future. Based on a variety of important needs, the FY16/17 General Fund CIP is, as recommended, very aggressive. As described earlier, this is due to the fact that conservative operational increases and growing sales and income tax revenues have allowed the City to continue to realize annual budget surpluses (revenues over expenditures) and rebuild the General Fund fund balance. The General Fund fund balance was just over $10 million at the end of FY14/15 (April 30, 2015). With a recommended minimum General Fund fund balance of 120 days of budgeted General Fund operating expenditures ($6.225 million), the City has approximately $3.75 million in General Fund fund balance to dedicate to CIP projects. The City Administration cautions, however, that the use of General Fund fund balance for CIP projects must be evaluated on an annual basis and recommended/approved based on the funding available. The total recommended FY16/17 General Fund CIP includes twenty-two (22) projects totaling an estimated $4,854,574. Of this amount, $1,825,300 or 37.6% is identified as coming from non -General Fund sources (Information Technology Fund, Developer Donation Fund, Park Development Fund, Surface Transportation Program, Highway Safety Improvement Program). The remaining $3,029,274 or 62.4% is proposed for funding through the annual budget (revenues over expenditures) and the General Fund fund balance. In recent years, the City has had between $500,000 and $750,000 in budgeted surpluses to commit to CIP funding. Like the previous discussion regarding use of General Fund fund balance, the City Administration cautions that this must be evaluated on an annual basis as part of the budget development process. Projects recommended for funding in the FY16/17 General Fund CIP, described in greater detail in the attached CIP document, are identified as follows: General Administration Funding Sources) FY16/17 Recommended FY16/17 Total Security Camera Servers ITF $28,000 Telephone System Upgrade ITF $74,800 Category Total $102,800 Public Facilities Municipal Center Building Maintenance GF $%000 Public Works Facility Improvements - DC $270,000 Police Admin/Dispatch Facility Improvements GF $900,000 Category Total $1,230,000 Public Safety Police Vehicle Replacement GF $105,804 Police Vehicle Equipment GF $43,470 Category Total $149,274 Parks Miller Riverfront Boat Launch PDF $150,000 ADA Park Improvements GF $20,000 Parking Lot Improvements GF $30,000 Merkel Aquatic Center Improvements GF $10,000 Sport Court Renovations GF $27,500 Petersen Park Farm Improvements GF $20,000 Petersen Park Improvements GF $35,000 Category Total $292,500 Motor Pool Streets — Vehicle Replacement GF $35,000 Streets — Equipment Replacement GF $245,000 Parks — Equipment GF $50,000 Category Total $330,000 Streets/Sidewalks/Signals Street Program GF $1,000,000 Pavement Maintenance — Cracksealing GF $50,000 Bull Valley Road Improvements STP, GF $1,600,000 Curran Road S-Curve Improvements HSIP, GF $25,000 Sidewalk Program GF $75,000 Category Total $2,750,000 General Fund CIP Total $4,854,574* * Surface Transportation Program (STP) _ it 1,280,000 Highway Safety Improvement Program = $ 22,500 Information Technology Fund = $ 102,800 Developer Contributions = $ 270,000 Park Development Fund = $ 150,000 General Fund = $ 3,029,274 Water and Sewer Utility Fund CIP The Water and Sewer Utility Fund CIP consists of projects related to the operations, capacity and maintenance of the municipal water and sewer utility system. As such, except for the Streets/Sidewalks/Signals Category of the General Fund CIP, the Water and Sewer Utility Fund CIP includes the largest and most costly CIP projects. In previous years, water and sewer capital projects relied on funding derived from water and sewer rates, the issuance of bonds (paid from water and sewer rates), and/or capital development fees paid by developers. Unfortunately, capital development fees remain stagnant and the continued issuance of debt for projects paid through water and sewer rates alone is not sustainable. In an effort to separate water and sewer operational revenues and establish a dedicated funding source for capital projects, in FY15/16 the City Council amended the Municipal Code to establish new water and sewer rates and base fees for the purpose of funding water and sewer capital projects. The projects identified within the Water and Sewer Utility Fund CIP are therefore proposed for funding utilizing the existing Water and Sewer Utility Fund cash reserves and revenues derived from the newly established base fees for capital improvements. The 5-year Water and Sewer Utility Fund Capital Improvement Program includes ten (10) water projects, five (5) sewer projects, and eight (8) utility maintenance projects totaling $17,076,000. For the FY16/17 Capital Budget Year there are two (2) water projects totaling $103,000; two (2) sewer projects totaling $2,600,000; and four (4) utility maintenance projects totaling $290,000. Of special note, the most substantial project recommended for FY16/17 is the installation of the sanitary sewer forcemain linking the Central and South Wastewater Treatment Plants as part of the consolidation projects. Also, the utility maintenance projects being recommended include the replacement of aging water and sewer mains throughout the municipality. In addition, since projects proposed in the Water and Sewer Utility Fund CIP are typically more costly, resulting in the need for longer term planning, the Water and Sewer Utility Fund CIP has been expanded to include project recommendations out to a ten (10) year period. Projects recommended for funding in the FY16/17 Water and Sewer Utility Fund CIP, described in greater detail in the attached CIP document, are identified as follows: Water Funding $Ou1 ce(5) FY16/17 Recommended FY16/17 Total Water Treatment #4 Maintenance WSF $58,000 Well Inspection/Maintenance & Repair WSF $45,000 Category Total $103,000 Sewer WWTP Consolidation — Forcemain Extension WSF $2,300,000 Sewer Division Motor Pool WSF $300,000 Category Total $2,600,000 Utility Maintenance Oakwood Drive Sanitary Sewer Main Rehabilitation WSF $30,000 Sanitary Sewer Main Rehabilitation Program WSF $110,000 Water Main Replacement Program WSF $1001000 Sanitary Sewer Manhole Rehabilitation Program WSF $50,000 Category Total $290,000 Water and Sewer Utility Fund CIP Total $2,993,000 Tax Increment Finance Fund CIP Established by Council action in 2002, the McHenry Downtown Tax Increment Finance (TIF) was formed as a means to encourage private investment in revitalizing McHenry's downtown areas. In summary, once a TIF is established property taxes received by the various taxing bodies with jurisdiction within the TIF are "frozen." That is, the taxing bodies will continue to receive that same level of tax revenue as when the TIF was established. Any property tax increment that is realized through reassessed and increased property values can be used by the municipality to reinvest in downtown improvement projects or as incentives to spur private development within the TIF. Largely due to the recession and declining property values, the McHenry TIF currently does not generate tax increment in excess of what is required to pay the existing outstanding debt service and redevelopment incentives that have been incurred to date. Therefore, any projects that are considered for implementation within the TIF must be funded through the General Fund. These funds are tracked so that reimbursement can be made at a later date if and when sufficient TIF funds become available. Within the 5-year Tax Increment Finance Fund Capital Improvement Program five (5) projects are proposed for implementation/continuation. The most substantial of these, the Riverwalk Improvements, are estimated at more than $5 million. While it is unlikely that funding will be available for the scope of improvements identified in the TIF CIP, it is important that projects continue to be evaluated and recommended for implementation. For the FY16/17 Capital Budget Year three (3) projects are being recommended for funding at a total cost of $120,000. Projects recommended for funding in the FY16/17 Tax Increment Finance Fund CIP, described in greater detail in the attached CIP document, are identified as follows: Tax Increment Finance Funding Sources) FY16/17 Recommended FY16/17 Total Riverwalk Improvements — Retaining Wall Repairs GF $75,000 Street Lighting — Design GF $20,000 Downtown Kiosks GF $25,000 Category Total $120,000 Tax Increment Finance Fund CIP Total $120,000 In conclusion, the FY16/17 — FY20/21 Capital Improvement Program, as proposed, includes 58 projects or project categories with a total estimated cost of $85,317,276. The FY16/17 Capital Budget Year Capital Improvement Program includes 33 projects or project categories with a total estimated cost of >7,967,574. As previously stated, the final projects included for funding and implementation as part of the FY16/17 Budget will be dependent upon the anticipated available funding identified through the FY16/17 Budget development process. Therefore, if Council concurs, it is recommended that a motion be made to adopt the FY16/17 — FY20/21 Capital Improvement Program (CIP), as revised and provided to Council this evening. Office of the Chief of Police John M.Jones McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: John M. Jones, Chief of Police FOR: February 15, 2016 Regular City Council meeting RE: Motion Authorizing the Mayor to Execute an Intergovernmental Agreement with the City of Woodstock, City of Harvard, and MTFPD for a dispatch center partnership ATT: Intergovernmental Agreement between the City of McHenry, City of Woodstock, City of Harvard and the McHenry Township Fire Protection District (MTFPD) Background Currently the City of McHenry operates a dispatch center that provides services to; McHenry Police, Johnsburg Police, McCII om Lake Police, McHenry Township Fire Protection District (MTFPD), Marengo Fire, Marengo Rescue and Union Fire. This facility is a full service 24/7 center that currently operates with twelve (12) full time dispatchers and a pool of part-time dispatchers in order to maintain three (3) working dispatch positions at all times. All current dispatchers are trained in police dispatching, Fire/EMS dispatching and call taking. This workload is currently shared by all equally. As some on Council may recall, a number of years ago the City of McHenry evaluated the potential for outsourcing dispatch services to another agency/entity, such as SEECOM (operates out of the Crystal Lake municipal facility). The results of this evaluation indicated that the costs would be greater to outsource dispatching functions than to maintain dispatch services within the auspices of the City of McHenry. Based on this, the McHenry Police Department has since focused efforts on solidifying and expanding dispatch services not only for the residents of McHenry, but also for the residents of those other municipalities for whom dispatch services are provided, as identified above. In July of 2015 The Emergency Telephone System Act, SOILCS 750/.01 came into law, mandating that McHenry County, which currently operates six (6) PSAPs (points of service providers), reduce its PSAP's to three by July 1, 2017. On January 12, 2016 Commander King gave a presentation to the McHenry County Emergency Telephone System Board (ETSB) which is the organization tasked with the responsibity for deciding which PSAP's in McHenry County will stay open, and which will be mandated to close by July 1, 2017. On January 21, 2016 the ETSB voted to keep open the PSAP located at the City of McHenry Police Department. Since the time the Emergency Telephone System Act came to being, McHenry has been in discussions with representatives from the other four (4) communities that currently have dispatch services —City of Woodstock, City of Harvard and village of Lake In The Hills — in an effort to work together to consolidate the dispatch centers of these communities with an understanding that, most likely, only one of these four would have the ability to maintain dispatch services due to consolidation. It was assumed that McHenry County Sheriff and SEECOM dispatch centers would be the other two remaining centers. From the start of these consolidated dispatch center discussions, the City of McHenry has proposed the development of a dispatch partnership, providing partner agencies (Woodstock, Harvard, Lake In The Hills) with an opportunity to participate in the planning, oversight and operations of dispatch services with an understanding that these communities would be forfeiting their own dispatching capabilities/facilities. The benefit for all partners involved would ultimately be the reduction of dispatching costs through the development of a consolidated facility. Within the last three weeks the Village of Lake In The Hills decided that it would be in their best interests to forego the partnership opportunity for the McHenry dispatch center and enter into an agreement for dispatch services with SEECOM. The City Administration understands and respects this decision and acknowledges that Lake In The Hills continued to identify this potential during the entire partnership discussion process. Analysis At this point, the cities of McHenry, Harvard, and Woodstock have evaluated the dispatch center currently located in the Municipal building of McHenry. We have reviewed its potential for growth, and stable work environment. All parties have agreed to enter into a partnership regarding the oversight and operation of the McHenry Dispatch center doing business as NERCOM (Northeast Regional communication center). As identified above, significant effort has been put in to discussing the scope of this partnership and in preparing the presentation that was provided to the ETSB for selection as one of three remaining centers. The first step in formalizing this partnership is the execution of an intergovernmental agreement between the City of McHenry, the City of Woodstock and the City of Harvard, along with the McHenry Township Fire Protection district, whom we currently have a partnership agreement that will remain in effect. The partners agreed to engage Zukowski, Rogers, Flood & McArdle and, specifically, David McArdle to draft the IGA for the benefit of all involved partners. In summary, this IGA identifies that the McHenry, Woodstock and Harvard agree to a cost/revenue sharing plan commensurate to their percentage of usage of the center based on call volume. In exchange, the partners receive the following: • Consideration of up to five (5) current Woodstock dispatchers and up to two (2) Harvard dispatchers when filling the positions needed to adequately staff the consolidated center; • Maintainance of a dedicated fire dispatch seat; • Opportunities for the Woodstock and Harvard Police Departments, along with MTFPD, to provide input on the expansion and growth of the dispatch center, as it relates to additional customers and employees; • Development of an administrative oversight structure for the dispatch center that allows for equal decision making by McHenry Police, the Woodstock Police, the Harvard Police and the MTFPD for the following tasks: o Policy development o Development of best operational practices o Hiring of new dispatch center employees o Budget development o Training o Fee structure review and development of new customers o Analyzing cost/revenue sharing structure on a defined basis Additionally, the agreement allows for the continuance of agreements with existing dispatch customers until such time as the agreements expire, at which time these will be renegotiated by the dispatch center oversight board. Also, the agreement encourages the addition new customers for dispatch services as this will directly result in the further reduction of costs to the dispatch center and partner entities. Finally, the agreement identifies that while McHenry will be responsible for the initial build out costs of the center (estimated at $900,000), the partners will be responsible for their share of technological improvements to the facility (currently estimated at $366,000). It should be noted it is expected that funding for both facility and technology costs will be available through the State's consolidation mandate however the leve of contribution will not be known until later in 2016. As we look to the future of emergency dispatching in Illinois and more importantly McHenry County, we see that this partnership with the Woodstock Police Department, the Harvard Police Department and the MTFPD will help to create a stable dispatch center model that will meet our key objectives of service to the community, safety, fiscal responsibility and growth. It is anticipated that the remaining partners will review and authorize execution of this IGA prior to the end of March 2016. It is the goal of the City Administration to have the agreement executed and submitted to the ETSB at the earliest possible time in order to be able to increase eligibility for consolidation funding. Council is also being asked to approve a Professional Services Agreement with FGM Architects at the February 15th City Council Meeting so that construction design services can begin for the relocation of Police Administration and expansion of dispatch services, allowing construction to then take place during FYI 6/17 with the goal of having the center fully operational on January 1, 2017. If Council concurs, then it is recommended that a motion is considered to authorize the Mayor to sign and execute this new Intergovernmental Agreement between the City of McHenry, the City of Woodstock, the City of Harvard and the McHenry Township Fire Protection District. ORDINANCE NO 164777 AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF WOODSTOCK, CITY OF HARVARD, AND MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT FOR A DISPATCH CENTER PARTNERSHIP 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, the Mayor and the McHenry City Council desire to enter into an Intergovernmental Agreement with the City of Woodstock, City of Harvard, and McHenry Township Fire Protection District to form a Dispatch Center Partnership. follows: NOW, THEREFORE, BE IT ORDAINED by the Mayor and the McHemy City Council as SECTION 1: a. The Intergovernmental Agreement, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. b. The Mayor of the City of McHenry is hereby authorized to executive said agreement. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by a Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED and APPROVED this 15"'day of February 2016. Voting Aye: Voting Nay: Abstaining: Not Voting: Absent: ATTEST: City Clerk Mayor (Draft 2/1.0/16) Intergovernmental Agreement Relating to the Future Oversight of the McHenry PSAP Dispatch Center d/b/a NERCOM This Agreement ("Agreement") is entered into on the dates referenced below, by and between the City of McHenry ("McHenry"), the McHenry Township Fire Protection District ("MTFPD"), the City of Harvard ("Harvard") and the City of Woodstock ("Woodstock"), collectively "Parties". WHEREAS, McHenry is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and has approved execution of this Agreement by ordinance pursuant to the their home rule powers and functions as granted in the Constitution of the State of Illinois and the City has waived any appropriation restriction which may relate to this Agreement; WHEREAS, the MTFPD is an Illinois fire protection district and local government organized and existing under the laws of the State of Illinois and currently has in place an intergovernmental agreement with McHenry dated June 30, 2015 which will remain in full force and effect; WHEREAS, Harvard and Woodstock are non -home rule municipalities and, along with the other parties hereto, are authorized and empowered to contract with the other parties hereto pursuant to the provisions of the Constitution of the State of Illinois of 1970, Article VII, Section 10, and Section 3 of the "Intergovernmental Cooperation Act" (5 IL,CS 220/3); WHEREAS, Harvard, Woodstock, and McHenry each currently operate Police and Fire Dispatch centers consisting of full time telecommunicators, a/k/a dispatchers; WHEREAS, currently, McHenry has twelve (12) full-time dispatchers and dispatch service agreements with six (6) local governments, to wit: MTFPD, Johnsburg Police Department, McCullom Lake Police Department, Marengo Fire Department, Marengo Rescue Squad and Union Fire Department ("Existing McHenry Dispatch Service IGAs"); WHEREAS, currently, Woodstock has nine (9) full-time dispatchers and a dispatch service agreement with the Woodstock Fire Protection District ("Existing Woodstock Dispatch Service IGA"); WHEREAS, currently, Harvard has four (4) full-time dispatchers and a dispatch service agreement with the Harvard Fire Protection Department ("Existing Harvard Dispatch Service IGA"); WHEREAS, McHenry, Woodstock and Harvard not only dispatch for customers pursuant to the Existing IGAs referenced above but also provide dispatch services for their own work forces; WHEREAS, the Emergency Telephone System Act, 50 II,CS 750/.01, et.seq., provides in part, as follows: Sec. 15.4a. Consolidation. (a) By July 1, 2017, and except as otherwise provided in this Section, Emergency Telephone System Boards, Joint Emergency Telephone System Boards, qualified governmental entities, and PSAPs shall be consolidated as follows, subject to subsections (b) and (c) of this Section: (3) In any county with a population of at least 250, 000 but less than 1, 000, 000 that has more than one Emergency Telephone System Board, Joint Emergency Telephone System Board, or qualified governmental entity, each 944 Authority shall reduce the number of PSAPs by at least 50% or to 2 PSAPs, whichever is greater. Nothing in this paragraph shall preclude consolidation of a 944 Authority into a Joint Emergency Telephone System Board, and nothing in this paragraph shall preclude consolidation resulting in one PSAP in the county. WHEREAS, McHenry has recently been designated by the McHenry County Emergency Telephone System Board as one of three (3) consolidated public safety answering point's ("PSAP") serving McHenry County and it is anticipated that the Woodstock Fire Protection District IGA and the Harvard Fire Protection Department IGA will terminate due to the consolidation referenced herein and the elimination of their respective PSAP designations and related dispatch services. It is anticipated by the parties hereto that the McHenry customer dispatch intergovernmental agreements existing as of May 1, 2016 will be allowed to expire naturally and then new or extended dispatch agreements will be approved by the Board of Directors in accordance with the terms of this Agreement. WHEREAS, it is the intention of the Parties to share in decision making with regard to certain issues specified in this Agreement as they relate to the future operations of the existing designated McHenry PSAP dispatch center at 333 N. Green St. McHenry, Illinois. WHEREAS, the Parties have determined through their respective governing bodies that it is in their respective best interests to enter into this Agreement to jointly develop a process to effectively deal with anticipated growth and provide for a cooperatively overseen the subject dispatch center in accordance with the terms of this Agreement. NOW THEREFORE in consideration of the premises and other mutual and valuable consideration, the receipt and sufficiency whereof is herewith acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The Recitals referenced above are incorporated herein as though UNEEMEMEN fully set forth herein. 2. Name of the Entity. This Agreement relates to future operations of the designated PSAP Dispatch Center, 333 N. Green Street, McHenry Illinois, doing business under the informal name of the Northeast Regional Communication Center ("NERCOM") 3. Purpose of Agreement. This Agreement is intended to provide for a cooperative process between the Parties with regard to decisions on the following issues: A. Initial Board of Directors. The membership of NERCOM shall be limited to the chiefs of police, or their designees, of Harvard, Woodstock and McHenry, and the Fire Chief of the MTFPD. New members may be admitted under such terms and with such payments as determined by the Board of Directors. B. Compensation. Service on the Board of Directors shall be with no compensation. C. Date of Commencement of Obligations. The obligations of this Agreement shall commence upon a date determined by the Board of Directors. D. Decision of the Board of Directors. Each member of the Board of Directors shall be entitled to one (1) vote and entitled to fully participate in the implementation of policies and training within the NERCOM. The Board of Directors shall not be able to vote by proxy. E. Board of Directors Meetings. Meetings of the Board of Directors shall be held and agendas set as determined by a majority of the Board of Directors. All meetings shall be scheduled upon reasonable notice to all members of the Board of Directors and shall be attended in person unless the Board of Directors allow for attendance by other means. F. McHenry Infrastructure Obligation. McHenry shall construct, at its own cost, the expansion of the NERCOM of up to a nine (9) seat dispatch center, including office space, information technology space (no information technology included), a break room, and conference area. G. No officers. There will be no offices created (i.e. president, secretary, etc.). At each meeting, the Board of Directors will select a Chairman of the Meeting, who shall run the events of each meeting. From time to time, the Board of Directors shall appoint a secretary to take minutes at each meeting. 2 H. Open Meetings Act. The Open Meetings Act does not apply. I. Advisory Board. An unpaid Advisory, non -binding, Board with specified duties responsive to the Board of Directors may be created by and with tasks and duties specified by the Board of Directors. J. Customer IGAs. The existing customer service intergovernmental agreements held by McHenry as of May 1, 2016 will remain in place until expiration of the stated terms. Any new or extended customer service intergovernmental agreements entered into thereafter shall be subject to approval by the Board of Directors. K. Annual Budget. A Proposed annual budget shall be prepared by the McHenry Deputy Chief and Commander of support services with assistance from the civilian supervisor and presented to the Board of Directors for approval by a majority decision and its decision shall not be subject to change by McHenry so long as the proposed budget presented to McHenry is balanced. Each year any excess revenue shall be included in the budget. Any loss from the year shall be allocated between the parties and McHenry shall be reimbursed by the parties, pro-rata based on the allocation of cost below, for any previous cash advances related thereto. L. Allocation of Cost of Service liability among Parties to this Agreement. The allocation of cost of service liability to be paid by each of the parties shall be based on the proportionate percentage of usage of the NERCOM dispatch center among the parties to this agreement using the most recent year call volumes and costs of operation provided by McHenry and approved by the Board of Directors. Currently, the parties agree to an allocation of cost among the parties as follows: McHenry 46.8%; Woodstock 39.4% and Harvard 13.8%. This allocation shall be reviewed and updated every three (3) years or earlier as determined by Harvard, McHenry and Woodstock, subject to the condition that allocation of cost shall always cover 100% of the budgeted expenses. M. Personnel. All dispatch personnel shall be employees of McHenry and the following provisions shall apply. 1. Hiring of new and future dispatch personnel, including a civilian supervisor, shall be based on the majority decision of the Board of Directors and shall not be subject to change by McHenry. Up to five (5) from Woodstock, and up to two (2) from Harvard ("Initial Dispatchers") will be given preference by the Board of Directors for initial hiring. All Initial Dispatchers will be invited into the existing McHenry collective bargaining unit matrix of levels relating to salary, benefits and seniority, at 75% of their current length of continuous service with Woodstock, and Harvard, respectively. No liability for benefits that have accrued prior to the hiring of the Initial Dispatchers from Woodstock or Harvard will be deemed vested or be carried over to employment by McHenry hereunder. Probation shall not apply to these Initial Dispatchers. The civilian supervisor of the dispatchers and all future dispatchers shall be hired based on the majority decision of the Board of Directors and shall not be subject to change by McHenry. 2. Dispatcher Discipline up to and including 3 days suspension shall be imposed in the discretion of the McHenry Police Chief after obtaining the advisory, non -binding, recommendation by the civilian supervisor. Notice of such discipline shall be provided to the Board of Directors. 3. Discipline of the civilian supervisor shall be imposed by the McHenry Police Chief. Notice of any such discipline shall be provided to the Board of Directors. 4. All CBA decisions including those related to dispatcher discipline beyond a 3 day suspension through termination, shall be made and imposed in the discretion of the 3 McHenry Police Chief after obtaining the advisory, non -binding, recommendation of the Board of Directors. 5. All disciplinary decisions relating to the civilian supervisor beyond a 3 day suspension through termination shall be made and imposed in the discretion of the McHenry Police Chief after obtaining the advisory, non -binding, recommendation of the Board of Directors. N. CBA Negotiation and grievance issues. The existing collective bargaining agreement ("CBA") between McHenry and the Fraternal Order of Labor Council shall remain in full force and effect and apply to future dispatchers hereunder and the decision regarding all CBA negotiations and grievance issues shall be decided in the discretion of the McHenry Police Chief after obtaining the advisory, non -binding, recommendation of the Board of Directors. O. Radio Frequencies. The Board of Directors shall allocate radio frequencies among the telecommunicator stations taking into consideration call volumes and customer needs. P. Wireless Alarm expense allocation. Only Woodstock and McHenry currently provide wireless alarm services to its community. Any revenue received by Woodstock and McHenry, or future wireless alarm services provided by other parties hereto, from wireless customers for such service shall not be subject to this Agreement, however, calls made to NERCOM via wireless alarms or otherwise shall be accounted for hereunder. Q. Tie Breaker. In the event that tie vote exists between the Board of Directors, the customers participating in then existing service intergovernmental agreements shall be requested by the Board of Directors to select a representative, by majority vote, to participate in the Board of Directors' meeting where the tie occurred to be fully advised of the issue and provide its vote to break the existing tie. R. Liability of the Board of Directors Units to Each Other. Liability between members of the Board of Directors for any action taken under this Agreement is hereby waived. s. Insurance. Each agency shall use its best effort to include the other parties hereto as additional insureds to its liability insurance policies for business decisions, policies made and actions taken hereunder. T. Additional members of Board of Directors. Determined by majority vote of the Board of Directors. U. Withdrawal from Board of Directors. All initial members of the Board of Directors, unless expelled pursuant to the provisions of this Agreement, shall remain parties hereto and members of the Board of Directors for at least the first four (4) years; thereafter withdrawal shall be permitted upon minimum one (1) years' written notice to the members of the Board of Directors. V. Expulsion of Board Members. By a vote of a majority of the Board of Directors any member of the Board of Directors, except McHenry, may be expelled for one or more of the following reasons: (a) Failure to make any payments due hereunder; (b) Failure to allow other members access to records relating to the purpose of this Agreement; (c) Failure to cooperate with other members relating to the purpose of this Agreement: or (d) Failure to carry out any obligation hereunder. No member may be expelled except after reasonable notice from the Board of Directors of the alleged failure along with a reasonable opportunity to cure the alleged failure. After the expulsion, the former member shall continue to be fully obligated for its portion of any cost which occurred during the term of its membership along with any other unfulfilled obligation as if it was still a member. W. Term of Agreement. The terms of this Agreement are perpetual, subject to a majority vote of the Board of Directors. Upon dissolution of NERCOM by majority vote of the Board of Directors, all financial matters addressed by this Agreement shall equitably and proportionately adjusted and allocated between the Members and all decisions thereafter regarding all matters involving the operation of the McHenry Dispatch Center shall be turned over to McHenry. 4. No Agency Created. Only an independent governmental relationship between Lite Members is created by this Agreement and no Member shall constitute an authorized agent of the other. 5. Amendment of IGA. This Agreement may, at any time, be amended by the unanimous decision of the municipal parties hereto. 6. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and no other person or entity shall be deemed to be a beneficiary of this Agreement. This Agreement is separate from all other intergovernmental agreements between McHenry and the MTFPD, and may not be changed, modified or discharged except by written amendment duly executed by the parties. 7. Assignment Prohibited. No party hereto shall assign this Agreement or the rights and duties hereunder. 8. Notices. All notices given or required under this Agreement shall be in writing and sent by certified mail to the City Administrators of the party Cities and the MTFPD Fire Chief. 9. No Personal Liability. No Official, director, officer, agent or employee of any party hereto shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. Dated this day of McHenry Township Fire Protection District Allen Miller, Board President City of Harvard By Jay T. Nolan, Mayor 2016. City of McHenry By. Susan E. Low, Mayor City of Woodstock I� Mayor Brian Sager, Ph.D. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: February 15, 2016 Regular City Council Meeting RE: Consideration of an Ordinance Reserving Volume CAP in Connection with Private Activity Bond Issues and Related Matters for Fabrik Industries ATT: 1. Location Map 2. Ordinance Reserving Volume CAP in Connection with Private Activity Bond Issues and Related Matters BACKGROUND: On January 4 of this year the City Council approved an Inducement Resolution regarding Industrial Development Revenue Bond Financing to Benefit K&L Equity, LLC and Fabrik Industries, Inc. as an initial step in facilitating Fabrik Industries use of Industrial Revenue Bond Financing to pay for their growth and expansion into the vacant building located at 1515 Miller Parkway. Industrial Development Revenue Bonds are a tool which can be utilized for specific statutory projects, one of which being the acquisition of and improvement of the building at 1515 Miller Parkway. Industrial Revenue Bonds are issued through the City of McHenry, whereby the City serves merely as a conduit for Fabrik to capture an interest rate reduction and exclude interest from their gross federal income. The City has no fiduciary responsibility, is not liable in any way for bond payment or guaranteeing payment and the Industrial Revenue Bonds are not counted towards the City's general obligation debt (GO Bonds) nor impact the City's borrowing capacity in any manner. They are characterized as a specific limited obligation of the City. The City's role is merely to issue the bonds, which are considered municipal bonds therefore the borrower can benefit from an interest rate reduction. The bonds are purchased by a financial institution, which facilitates the administration of the bonds for the borrower 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Attached for the City Councs consideration is an Ordinance Reserving Volume CAP in Connection with Private Activity Bond Issues and Related Matters, which is the second step in a process whereby Fabrik can utilize Industrial Development Revenue Bond proceeds as an additional funding mechanism for their expansion into the building located at 1515 Miller Parkway. The attached ordinance provides the City's entire allocated volume cap for 2016, equal to $2,663,000, will be reserved by the City for use by Fabrik Industries. Due to the limitation of the amount of volume cap allocated to the City by the State ($100/per capita annually), Fabrik will be requesting additional volume cap from the State. This will require the City Council to adopt a subsequent ordinance on or about May 2, 2016 to allow Fabrik to request the volume cap allocation from the available home rule pool maintained by the State of Illinois. ANALYSIS: The attached ordinance, prepared by Fabrik's bond counsel and reviewed by the City of McHenry's bond counsel, is the second step in facilitating Fabrik's use of these bonds if they choose to do so. It should be noted this ordinance will allocate all of the City's volume cap issued by the State of Illinois in 2016 to Fabrik Industries, therefore the City will have no remaining volume cap for 2016 for use by other potential businesses in obtaining Industrial Development Bond Financing through the City. Staff is not concerned about this as no other requests for Industrial Development Bond Financing have been received by the City this year or for many years. This is a useful financing tool but one which is not widely utilized. The City could however request additional volume cap from the State of Illinois in 2016 should another project be brought forward however this request must be submitted to the State no later than May of this year. If the City Council concurs with staff it's recommended the attached Ordinance Reserving Volume CAP in Connection with Private Activity Bond Issues and Related Matters be approved. 2 F Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. 16- AN ORDINANCE RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS WHEREAS, the City of McHenry, McHenry County, Illinois (the "Municipality") is a corporation and a home rule unit of local government under provisions of Section 6 of Article VII of the Illinois Constitution of 1970; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the "Code"), and the State of Illinois Guidelines and Procedures for the Allocation of Private Activity Bonding Authority in Accordance with the Tax Reform Act of 1986 and 30 ILCS 345 of the Office of the Governor effective January 1, 2016, provide that the Municipality has volume cap equal to $100.00 per resident of the Municipality in calendar year 2016, which volume cap may be reserved and allocated to certain tax-exempt private activity bonds; and WHEREAS, the City Council of the Municipality (the "Corporate Authorities") adopted an inducement resolution (Resolution 11-16-001) on January 4, 2016 regarding industrial development revenue bond financing to benefit K&L Equity, LLC and Fabrik Industries, Inc. in an amount not to exceed $10,000,000 (the "Bonds"); and WHEREAS, it is now deemed necessary and desirable by the Municipality to reserve all of its volume cap allocation for calendar year 2016 to be applied toward the issuance of the Bonds as provided in this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, a home rule municipality in the exercise of its home rule powers, as follows: SECTION 1: Pursuant to Section 146 of the Code and the Illinois Private Activity Bond Allocation Act, 30 ILCS, 345/1 et seq., as supplemented and amended, the entire volume cap of the Municipality for calendar year 2016, which amount is $2,663,000, is hereby reserved by the Municipality. The Municipality shall issue the Bonds using such volume cap, without any further action required on the part of the Municipality, and the passage of this Ordinance shall be deemed to be an allocation of such volume cap to the issuance of the Bonds. The Corporate Authorities Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us shall adopt a subsequent ordinance on or about May 2, 2016 to obtain additional volume cap from the available home rule pool in an amount sufficient for the issuance of the Bonds. SECTION 2: The Municipality shall maintain a written record of this Ordinance in its records during the term that the Bonds or any other such bonds to which such volume cap is allocated remain outstanding. SECTION 3: The Mayor, the City Clerk and all other proper officers, officials, agents and employees of the Municipality are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this Ordinance. SECTION 4: The provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision of this Ordinance shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of this Ordinance. SECTION 5: All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION 6: This Ordinance shall be in full force and effect upon its passage and approval. Passed and Approved this 15th day of February, 2016. VOTING AYE: VOTING NAY: ABSENT: NOT VOTING: ABSTAINED: ATTEST: Janice Jones, City Clerk 1.7 Susan E. Low, Mayor Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us STATE OF ILLINOIS ) )SS MCHENRY COUNTY ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly elected, qualified and acting City Clerk of the City of McHenry, Illinois (the "Municipality'), and as such official I am the keeper of the records and files of the Municipality and of its City Council (the "Corporate Authorities"). I do further certify that the foregoing constitutes a full, true and complete excerpt from the proceedings of the meeting of the Corporate Authorities held on February 15, 2016, insofar as same relates to the adoption of Ordinance No. , entitled: AN ORDINANCE RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS a true, correct and complete copy of which ordinance (the "Ordinance") as adopted at such meeting appears in the proceedings of the minutes of such meeting and is hereto attached. The Ordinance was adopted and approved by the vote and on the date therein set forth. do further certify that the deliberations of the Corporate Authorities on the adoption of such Ordinance were taken openly, that the vote on the adoption of such Ordinance was taken openly and was preceded by a public recital of the nature %J the matter being considered and such other information as would inform the public of the business being conducted, that such meeting was held at a specified time and place convenient to the public, that notice of such meeting was duly given to all of the news media requesting such notice, that the agenda for such meeting was duly posted at the location where such meeting was held and at the principal office of the Corporate Authorities at least 96 hours before such meeting, that said agenda contained a separate specific item concerning the proposed adoption of such Ordinance, that at least one copy of said agenda was continuously available for public review during the entire 96-hour period preceding such meeting, that such meeting was called and held in strict compliance with the provisions of the Open Meeting Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the applicable provisions of such Act and such Code and their procedural rules in the adoption of such Ordinance. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City of McHenry, Illinois, this 15th day of February, 2016. (SEAL) 7 Janice Jones, City Clerk Office of the Chief of Police John M.Jones McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: John M. Jones, Chief of Police Jon Schmitt, Director of Public Works Pat Gorniak, Superintendant of Parks Maintenance FOR: February 15, 2016 Regular City Council Meeting RE: Sale of Police Vehicles, Parks Department Vehicle and Public Works Equipment ATT: Ordinance Background: The City of McHenry currently has five (5) vehicles and one (1) forklift that have been retired from service in the FY 20 15/ 16 due to age and condition. Two (2) of the vehicles were replaced as part of 2015/16 capital improvement plan, one vehicle was used for parts and is inoperable, and the fifth and six vehicles along with the forklift were replaced with two used vans and a used forklift acquired through the LESO Program. With the purchase and acquisition of replacement vehicles it is no longer necessary, useful or in the best interests of the City of McHenry to retain ownership of the below vehicles. These four vehicles and fork lift are identified as follows: Unit Department Year Make Model VIN /Serial # Mileage Age 329 Police 2008 Ford Expedition 1FMFU16518LA05379 137,947 9 yrs 331 Police 1998 Chevrolet Venture 1GNDX0633WD239986 57,593 19 yrs 332 Police 2005 Ford F450 1FTRX12W85NB77853 1175224 12 yrs 341 Police 2007 Ford Crown Victoria 2FAFP71W37X114920 N/A Part Veh. 10 yrs 124 Parks Maint. 1999 Chevrolet 2500 w/ low 1GCGK24FXXFQ38913 120,710 18 yrs 462 Public Works 1974 Clark (lift) C60OY45 Y3555472543 3540 hrs 42 yrs Analysis: All of the above vehicles are between (9) nine years and (19) nineteen years in age. They all have mileage that ranges between 57,593 and 137,947 miles. Mechanical Maintenance records confirm that continued repair costs for these vehicles will outweigh the value of the vehicles and the benefit of keeping them in service. The forklift which currently does not run, is (42) forty- two years old with over 3540 hours on it. Repair records on the forklift also confirm that continued repair/maintenance costs outweigh the value of the equipment and the benefit of keeping it in service. Staff recommends utilizing the services of Clinton Auto Auctions to sell these vehicles and equipment. The city has worked with Clinton Auto Auctions in the past with positive results. The timely sale of this property will allow for the highest purchase prices and return of general revenue funds. If Council concurs, then it is recommended to approve the attached Ordinance authorizing the sale of the presented vehicles through Clinton Auto Auction out of Clinton, Illinois. Ordinance No. ORD-164778 An Ordinance Authorizing the Sale of Public Property Owned by the City of McHenry WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, in the opinion of the corporate authorities of the City of McHenry, it is no longer necessary or useful to or for the best interests of the City of McHenry to retain ownership of the public property hereinafter described; and WHEREAS, it has been determined by the Mayor and City Council of the City of McHenry to sell said public property for cash. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, as follows: SECTION l: The Mayor and City Council of the City of McHenry find that the following described public property now owned by said jurisdiction is no longer necessary to said jurisdiction and said jurisdiction would be best served by the said public property sale: Unit ' De artment Year Make Model VIN /Serial # Mileage Age 329 Police 2008 Ford Expedition IFMFU16518LA05379 1373947 9 yrs 331 Police 1998 Chevrolet Venture 1GNDX0633WD239986 571593 19 yrs 332 Police 2005 Ford F450 1FTRX12W85NB77853 1171224 12 yrs 341 Police 2007 Ford Crown Victoria 2FAFP71W37X114920 N/A Part Veh. 10 yrs 124 Parks Maint. 1999 Chevrolet 2500 w/plow IGCGK24FXXFQ38913 1201710 18 yrs 462 Public Works 1974 Clark (lift) C60OY45 Y3555472543 3540 hrs 42 yrs SECTION 2: The City Administrator is hereby authorized and directed to execute an auction services agreement with Clinton Auto Auction Services and to sell via public auction utilizing the services of said company the herein named item now owned by the City of McHenry. SECTION 3: Upon payment in full, the City Administrator is hereby authorized and directed to convey and/or transfer the aforesaid property to the respective buyer. SECTION 4: This ordinance shall be in full force and effect from and after its passage by the corporate authorities. PASSED and APPROVED this 15t" day of February 2106. Voting Aye: Voting Nay: Abstaining: Not Voting: Absent: ATTEST: Mayor City Clerk Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA DATE: February 15, 2016 TO: McHenry City Council FROM: Bill Hobson, Deputy City Administrator RE Marina Lease Renewal - 3302 W. Waukegan Road ATT: Lease Agreement with Gerald Danko d/b/a D's Marine Services, Inc. Gerald Danko, President of D's Marine Service, Inc. has leased the city's marina located at 3302 W. Waukegan Road, since 2001. Mr. Danko has successfully operated the marina in conjunction with his business next door. He has proven to be a diligent caretaker for the property and has maximized its business potential. Attached is an agreement with D's Marine Service, Inc to lease the property located at 3302 W. Waukegan Road. The new lease incorporates the same terms negotiated in previous agreements - 40% of gross receipts received for slip rental and winter storage will be paid to the city for a term of one-year expiring on February 28, 2017 with the option for a second year commencing upon mutual agreement by both parties and expiring on February 28, 2018. If Council concurs, then it is recommended a motion is considered to approve the lease agreement with D's Marine Service, Inc. for the term of one-year expiring on February 28, 2017 and the option of a second year expiring on February 28, 2018 in return for 40% of gross receipts received for slip rental and winter storage, as presented. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, effrcient, and fiscally responsible manner. LEASE This Commercial Lease is made between the CITY OF McHENRY, 333 South Green Street, McHenry, Illinois, herein called Lessor, and D'S MARINE SERVICE, INC., 3308 W. Waukegan Road, McHenry, IL 60050, herein called Lessee. Lessee hereby offers to lease from Lessor certain real estate situated at 3302 W. Waukegan Road, of McHenry, County of McHenry, State of Illinois, together with all improvements thereon, except as otherwise set forth in this agreement, upon the following TERMS and CONDITIONS: 1. Term and Rent. A. Lessor demises onto Lessee the above real estate and improvements (collectively the "Premises") for a term of one (1) year, commencing March 15 2016 and terminating February 28, 2017, with the second year of the lease commencing upon mutual agreement by both parties for the term of March 1, 2017 through February 28, 2018. B. Lessee shall pay as rent, an amount equal to 40% of the rent received for all leased slips and for storage of any boats. The first rental payment for each year of this agreement shall be due on the 15th day of April. Thereafter, Lessee shall pay rent, in an amount equal to 40% of the rents received (no matter when accrued) for all leased slips or for the storage of any boats for that month. Lessee shall, at the time of paying any rents, provide the Lessor with copies of executed lease contracts and an itemization of slips rented and boats stored. Lessor shall have the right to inspect the Premises and Lessee's books to verify rent received and accrued. For purposes of this section, the last month of the season shall be the month when the last slip is vacated for the year. C. Lessee's obligation to pay rent shall be an independent obligation from the rest of this Lease, and Lessee shall have no right to withhold the payment of any rent or to set off any rent for any reason. D. Lessor shall not be liable to Lessee for any interruption of Lessee's business or inconvenience caused Lessees or licensees or customers on the Premises on account of Lessor's performance of any repair, maintenance or replacement on the Premises, or any other work therein pursuant to Lessee's right or obligations under this Lease. 2. Use. Lessee shall use and occupy the Premises for a boat marina business and any other directly related use. The Premises shall be used for no other purpose. Lessee shall not, in the use and occupancy of the Premises, use, treat, store, handle or dispose of, or permit any parry claiming by, through or under Lessee to use, treat, store, handle or dispose of, any Hazardous Substances on the Premises. "Hazardous Substances" shall mean and include all hazardous and toxic substances, wastes, or materials, any pollutant or contaminant, including without limitation, petroleum substances, PCB's and raw materials that include hazardous constituents or any other similar substances or materials that are included under or regulated by any Environmental Laws. The parties agree that currently there are fifty-seven (57) boat slips at the Premises (16 smaller slips and 41 larger slips) depicted as slips 1 through 41 and 50 through 65 on the attached Exhibit A. The parties agree that slip 42 through 49 as depicted on Exhibit A are not part of this Lease or the premises, and are being retained by the Lessor. 3. Club House. A "Club House" is located upon the Premises. The Club House shall be for the exclusive use of Yacht Club members with the exception of two public restroom facilities and showers, which shall be, open to patrons of Riviera Marina and have a separate entrance. Lessor shall maintain the "Club House." Lessor agrees to indemnify Lessee for any claims arising out of the Yacht Club's use of the Club House as set forth in Section 12(E). Lessee shall maintain the public restroom facilities and showers. 4. Quonset Hut. The north addition of the Quonset Hut shall remain in Lessor's possession for its sole use. Lessee shall not interfere with Lessor's ability to access the Quonset Hut and shall allow Lessor entry upon the Premises. Lessor shall not interfere with Lessee's use of the southern section of the Quonset Hut, 5. Care and Maintenance of Premises. A. Lessee acknowledges that the Premises are in good order and repair, unless otherwise indicated herein. Lessee shall, at its own expense, and at all times, maintain the Premises in good and safe condition, and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. Lessee shall be responsible for any and all repairs and maintenance required on the Premises, and of any equipment on the Premises excepting the roof, exterior walls, structural foundations, lawn care and maintenance and as otherwise stipulated in Section 5(B). Lessee shall also maintain in good condition such portions adjacent to the Premises such as sidewalks and driveways, which would otherwise be required to be maintained by Lessor. B. Electrical System. The Lessor shall be responsible to maintain the electrical system on the property including the main electric feed, distribution panels, 2 02/16 and branch circuits. The Lessee shall be responsible to maintain the electrical devices. 1. Annually, the City shall reopen and make operational for use, the municipal water system on the Premises. 6. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions, or improvements, in, to or about the Premises or any structure thereon. 7. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, (including but not limited to the City of McHenry) state and federal authorities now in force, or which may hereafter be in force, including, but not limited to any applicable environmental laws or regulations, pertaining to the Premises. 8. Assignment and Subletting. Lessee shall not assign this Lease or sublet, demise or transfer any portion of the Premises without the prior written consent of Lessor. Any such conveyance conducted without Lessor's written consent shall be null and void and without legal effect. Lessee agrees that, in the event Lessor considers allowing Lessee to sublet any portion of the Premises, Lessor may, as a condition of its approval, require Lessee to renegotiate the rent paid under this Lease. 9. Utilities. All applications and connections for necessary utility services on the demised Premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility charges as they become due, including but not limited to those for sewer, water, gas, electricity and telephone services. Lessee's obligation herein is limited to that portion of the Premises demised and excludes the Quonset Hut and that portion of the Club House not used by Lessee. 10. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the Premises at reasonable times, during normal hours of operation, except in emergency situations determined by Lessor, and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this Lease, to place upon the Premises any usual "To Let" or "For Lease" signs, and permit persons desiring to lease the same to inspect the Premises thereafter. 11. Possession. If Lessor is unable to deliver possession of the Premises at the commencement of this Lease, Lessor shall not be liable for any damage caused thereby, nor shall this Lease be void or voidable but Lessee shall not be liable for any rent until possession is delivered. 3 02/16 12. Liability, Indemnification and Waiver. A. Assumption of Liability. Lessee assumes liability for all injury to or death of any person or persons including employees, sub -licensees, any supplier or any other person and assumes liability for all damage to property sustained by any person. This paragraph does not apply with respect to the use of the Club House by the Riviera Yacht Club and its members or use of the Quonset Hut by Lessor. B. Indemnification. To the fullest extent permitted by law, Lessee will defend, indemnify and hold the Lessor harmless from all claims arising from or in connection with (1) any and all operations of Lessee in connection with the operation, repair or maintenance of the Premises, including but not limited to the operation of a marina, or any other business on the Premises, or any work or thing whatsoever done, or any condition created on or about the Premises; (ii) any act, omission or negligence of Lessee or any of Lessor's assignees, agents, licensees or the partners, directors, officers, agents, employees, invitees or contractors of Lessee or of Lessee's assignees, tenants or Lessee; (iii) any accident, injury or damage whatsoever occurring on or at the Premises; and (iv) any act or omission of Lessor, its agents, servants and employees, pursuant to this Lease, unless such act or omission is judicially determined to constitute intentional misconduct. C. Defense of Lessor. In the event any claims shall arise, the Lessor shall tender the defense thereof to Lessee. Provided, however, the Lessor, in its sole discretion, may participate in the defense of such claims at Lessee's sole expense; such participation shall not relieve Lessee from its duty to defend and to pay any judgment or settlement against the Lessor in such claims. D. Waiver of Defenses. In any and all claims against the Lessor or any of its agents or employees, by any employee of Lessee, the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Lessee under workers compensation acts, disability benefits acts or employee benefit acts, or other applicable law. Lessee waives all defenses available to Lessee as an employer, which limit the amount of Lessee's liability to the Lessor to the amount of Lessee's liability under any workers compensation, disability benefits or employee benefit acts. E. Indemnification of Lessee. Lessor shall indemnify and defend, to the fullest extent permitted by law, and hold Lessee harmless from all claims arising 0 02/16 from or in connection with any leaking or leaching of a certain underground storage tank removed by Lessor from the Premises and for any claim arising from or connected with Lessor's use of the Quonset Hut, any use of the Club House by the Riviera Yacht Club, and use of the slips nos. 42 through 49 by invitees of Lessor or its grantees or assigns utilizing the premises to access the said slips. In the event any such claim arises, Lessee shall tender the defense thereof to Lessor within fourteen (14) days. In the event any claims shall arise, the Lessee shall tender the defense thereof to Lessor. Provided, however, the Lessee, in its sole discretion, may participate in the defense of such claims at Lessor's sole expense; such participation shall not relieve Lessor from its duty to defend and to pay any judgment or settlement against the Lessee in such claims. 13. Liability Insurance Requirements. Lessee shall during the term of this Lease, maintain in full force and effect, at its own cost and expense, insurance of the types and in the amounts described below. A. Workers Compensation Insurance. Lessee shall maintain workers compensation and employers liability insurance, with Coverage A at statutory limits and Coverage B (commercial umbrella and/or employers liability) limits not less than $1,000,000 each accident for bodily injury by accident and $1,000,000 each employee for bodily injury by disease. This insurance shall cover Lessee's employees in compliance with the State of Illinois and all other states having jurisdiction over each employee. B. Commercial General and Umbrella Liability Insurance. Lessee shall maintain commercial general liability ("CGL") and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each occurrence. i. This CGL and umbrella (if any) occurrence basis and shall cove insurance shall be written on an liability arising from premises, operations, independent contractors, products -completed operations, bodily and personal injury, property damage, advertising injury, liability assumed by Lessee under this Lease (including the tort liability of another assumed in a business contract). Additional Insured. The Lessor shall be named as an insured under this CGL and umbrella (if any) insurance using an additional insured endorsement acceptable to the Lessor. This insurance shall apply as primary insurance with respect to any other insurance or self- 5 02/16 insurance programs afforded to the Lessor. There shall be no endorsement or modification of this insurance to make it excess over other available insurance; alternatively, if the CGL and umbrella (if any) insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the Lessor. C. Proof of Insurance. Prior to the effective date of this Lease, Lessee shall furnish the Lessor with copies of its current certificates of insurance documenting each such policy, along with the additional insured endorsements required in this section. D. Cancellation. All such insurance provided for herein shall be cancelable, except except upon 30 days prior notice to the Lessor, and shall contain the following endorsement (or its equivalent): "It is hereby understood and agreed that this insurance policy may not be canceled by the surety or the intention not to renew be signed by the surety until 30 days after receipt by the Lessor by registered mail of written notice of such intention to cancel or not to renew." This language, or its equivalent, shall appear on the policies' respective insurance certificates. E. No Limitation on Liability. The minimum amounts set forth in this Lease for such insurance shall not be construed as a limitation or satisfaction of Lessee's liability, including indemnification, to the Lessor under this Lease to the amount of such insurance. F. No Waiver. The failure or delay of the Lessor at any time to require performance by another party of any provision of this Section, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy under this Lease, and any waiver by any party of any breach of any provision in this Section shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Lease. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice of demand in similar or other circumstances, except as otherwise provided herein. 14. Destruction of Premises. In the event of a partial or total destruction of the Premises, during the term hereof, from any cause, either party may elect to terminate this Lease and all rent shall immediately abate until the Premises are restored. Notwithstanding any other provision C� 02/16 A this Lease, Lessor shall not be required to take any action or repair unless such action or repair following such destruction. 15. Security Deposit. Lessee shall deposit with Lessor on the signing of this Lease the sum of $3,000.00 Dollars ($3,000.00) as security for the performance of Lessee's obligations under this Lease, including without limitation the surrender or possession of the Premises to Lessor upon termination of this Lease. 16. Attorneys Fees. Incase suit should be brought for recovery of the Premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the Premises by Lessee, or to enforce any portion of this Lease, the prevailing party shall be entitled to all costs incurred in connection with such action, including its reasonable attorney's fees. 17. Heirs, Assigns, Successors. This Lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 18. Subordination. This Lease is and shall be subordinated to all existing and future liens and encumbrances against the Premises. 19. The Lessor shall advise the Lessee by October 1 st of each year of this agreement, (end of summer contract season) or sooner, of any reduction in the number of slips or adjacent real estate which will be available to Lessee ("Slip Reduction") for the lease term ("New Lease Term"). If there is a Slip Reduction, the parties agree to negotiate the terms of a new lease for the New Lease Term and if possible, enter into a mutually agreeable lease by January 1" of each year of this agreement. 20. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. Signed this day of LESSOR: CITY OF McHENRY 2016 LESSEE: D'S MARINE SERVICE, INC. By: By: Susan E. Low, Mayor Its: 7 02/16 Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA DATE: February 15, 2016 TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator RE: Back to Family Outdoor Movie Night! ATT: List of Temporary Sign Locations McHenry resident, local business owner, and Green Street Cruise Night organizer Paul Letizia is requesting permission to host the annual Back to Family Outdoor Movie Night in Veterans Memorial Park. Family rated movies will be presented on the evenings of Friday September 9d`, September 16d', and September 23rd. Activities will begin at 6:00 PM, the movie will start at 7:15 PM, and all activities All conclude at 9:00 PM. There is no charge to attend the events. As in past years local food vendors and various family activities such as face painting, coloring, games, pumpkin painting will be offered and a large inflatable character will be displayed in the park. Temporary advertising signs in municipal rights -of --ways will be posted two weeks prior to each event; and, election style signs in four locations near the park the day of each event to be removed the same evening. Attached is a list of proposed sign locations. Mr. Letizia is also requesting wavier of all associated fees. Fees for events this size would be $83 per night for a total of $415. The only city services required are placement of additional picnic tables in the park, access to electricity, and trash collection. If Council concurs, then it is recommended a motion is considered to grant the request from Paul Letizia to host three movies in Veterans Memorial Park; temporary advertising signs in municipal right-of-ways; and waiver of all associated fees as presented. The City of McHenry is dedicated to providing its citizens, businesses, and v/siiors with the highest quality of programs and services /n acustomer-oriented, effrcient, and ftsca!/y responsible manner. Location of Temporary Advertising Signs 2-Weeks Prior to Each Event: • McCullom Lake Rd & Rte 31 • Rte 120 & Ringwood Rd • Rte 120 & Crystal Lake Ave • Crystal Lake Ave & Bull Valley Rd • Rte 31 & Rte 120 • Rte 120 & Rte 31 • Green St. & Rte 120 • Rte 120 & Chapel Hill Rd • Green St & John St Election style signage posted on the day of each event: • McCullom Lake Rd & Rte 31 • Green Street and West Route 120 • Green Street and John Street • Pearl Street and North Route 31 The City of McHenry is dedicated to providing its citizens, businesses, and visitors wit/: the trig/pest quality of programs and services in acustomer-oriented, effreient, and fiscally responsib/e manner. Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA DATE: February 15, 2016 TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator RE: Green Street Cruise Nights ATT: Green Street Area Parking Lot Map List of Theme Nights For the past six years, Paul Letizia of Letizia Financial Group and a group of volunteers have successfully hosted Green Street Cruise Night, on Monday evenings in the municipal parking lot located behind the Green Street Caf6 and the McHenry Savings Bank lot. Mr. Letizia is requesting permission to host the event again this year on Monday evenings from 6:00 PM to 8:30 PM, May 23rd through September 26t . Activities involved with the event include a DJ for announcements and music, a select area for 10' x 10' vendor tents, and live music. As in past years, the McHenry Kiwanis Club, Kiwanis Key Club, The Northern Illinois Streeters Car Club, and Chrome Insurance will assist with the events. Approximately 175 parking spaces are available in the Green Street Municipal and McHenry Savings Bank parking lots along with 35 spaces in the vacant Justen Funeral Home site and 18 spaces on the west side of Green Street for a total of 228 spaces. Minimal city support is required for the event, which includes 25 red and white barricades, additional trash cans, and picnic tables placed in the parking lots. Some Police Department support will also be necessary. Event organizers are also requesting permission for the following actions. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the /:/ghest quality of programs and services in acustomer-oriented, efficient, and frscally responsible manner. 1) Post election style 18 x 24 advertising signs two weeks prior to the event at the following locations: • McCullom Lake Rd & Rte 31 • Rte 120 &Ringwood Rd • Rte 120 & Crystal Lake Ave • Crystal Lake Ave & Bull Valley Rd • Rte 31 & Rte 120 • Rte 120 & Crystal Lake Road • Green St. & Rte 120 • Rte 120 & Chapel Hill Rd • Green St & John St 2) Post election style signage in four locations surrounding the site of the car show: • Green Street & Waukegan Road • Green Street & Route 120 • Elm Street &Richmond Road • Pearl Street & Richmond Road 3) Post a small inflatable sign at the entrance to the Municipal Lot off of Route 120. The sign would be posted and removed the night of the event; and 4) Waiver of $175 temporary sign variance fee. Proceeds from the event help to support the McHenry Kiwanis Club and annual Movie Night in the Park events. If Council concurs with this request, then it is recommended a motion is considered to approve the annual Green Street Cruise Night event as presented. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest qua/ity of programs and services in a customer -oriented, efficient, and fiscally responsible manner. El i0&1 � 1� c� �rTO � '�-r I '� ,r. rVFW J Ap x Marci Geraghty From: Sent: To: Cc: Subject: Hi Marci, Letizia, Paul[LetiziaAgency@american-national.comj Thursday, February 04, 2016 12:12 PM Marci Geraghty shannon.letizia@gmail.com Hi Marci from Paul Letizia I hope your enjoying this great sunny day! Below is the calendar for the green street cruise night show and bacl<to family outdoor movie nights. 2016 (16 nights) May 23 Chevrolet June 6 Pony Cars June 13 Ladies Night June 2 Orphan Makes June 27 Buick July 11 Pre WWII July 18 Ford July 25 European, Street Rod, Custom, Race Cars, Exotic, Fast & Furious Aug 1 Pontiac Aug 8 Motorcycles, Model T &Model A Aug 15 Buick Aug 22 Corvette Aug 29 Back to the 50's Sept 12 Jeep, Trucks and Motorcycles Sept 19 Oldsmobile Sept 26 MOPAR We will be using the orange dude and having the same signs in the same intersections two week prior to the show season. Please let me know if you have any questions as back to family movie night will be only three Friday nights in September. 9/9, 9/16 and 9/23. Thank you Marci. See you soon and thank you again! Paul Letizia O 4310 West Crystal Lake Road Suite H McHenry, IL 60050 OFFICE- 815-728-0404 1 Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator FOR: February 15, 2016 Regular City Council Meeting RE: McHenry Kiwanis Soap Box Derby The Kiwanis Club of McHenry is requesting permission to hold the 14�' annual All American Soap Box Derby on Saturday, June 11'', from 7:00 AM to 6:00 PM, and a practice run on Saturday, June 4`i' from 9:00 AM to 12:00 PM. Requested rains date is June 12t' for the practice run and June 5"' for the derby. The proposed schedule of events is unchanged from past years. A 15-minute parade will be held at 9:00 AM and staged in the First Methodist Church parking lot. The parade, led by a squad car, will be comprised of race participants, Mayor Low, Little Miss Peanut, Miss McHenry, a small marching band, and a MTFPD vehicle. The race will run from 9:30 AM to 4:30 PM with an awards ceremony at 4:45 PM. The Kiwanis Club of McHenry will notify residents in the area of the event. The following city services are requested for the event: 1. Street Closing. Closure of Waukegan Road from Third Street to East Campus from 7:00 AM to 6:00 PM on the day of the event, 9:00 AM to 12:00 PM on the practice day, and intermittent closure of Green Street at Waukegan Road while the race is underway. ThroughAraffic will be permitted between races except during the parade and final heats. 2. Police Support. Police Officers for traffic control during the event at Waukegan Road/Green Street intersection. 3. Signage and Barricades. Signage, barricades, and traffic cones to alert drivers in the area of road closures. 4. Bleachers and Trash Receptacles. Six sets of bleachers and additional trash receptacles setup along Waukegan Road. 5. Reviewing Stand and Public Address System. Setup of a reviewing stand and public address system near the finish line. If council concurs, then it is recommended a motion is considered to grant the request from the McHenry Kiwanis Club to 1) host 14th Annual All American Soap Box Derby as presented; 2) authorize city support services and closure of certain portions of Waukegan and Green Streets in conjunction with the event; and, 3) waiver of all associated fees. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, efficient, and fiscally responsible manner. Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator FOR: February 15, 2016 - Regular City Council Meeting RE: McHenry Park Facilities Special Use and Beer/Wine permit requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Park Facilities Special Use and/or Beer/Wine permit requests. If Council concurs with the requests as presented, then it is recommended a motion is considered to approve the attached McHenry Park Facilities Special Use and Beer/wine permit requests. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, efficient, and fiscally responsible manner. FOR COUNCIL MEETING ON FEBRUARY 15, 2016 Beer/Wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 05/29/16 St Patricks Parish 3500 W Washington St, McH 06/11/16 Jack Schweder Bday 4510 Ashley Dr, McH 06/26/16 Julaine Pieroni Fam 4000 W Maple Ave, McH 06/26/16 Ann Miller/Bolger Fam 5701 Fieldstone Tr, McH 07/30/16 Kathleen/Gary Kuthe Fam 315 Newport Tr, McH 08/07/16 Gary Anderson Fam 3905 W Kane, McH 08/14/16 Marvin Bauer Fam 08/14/16 Darlene Besch Fam 08/21/16 Leon Schmitt Fam 10/08/16 Amber Karadi Fam 4206 W Crestwood StMcH , 3308 Chestnut Dr, McH 1810 N Riverside Dr, McH 5403 Cobblers Crossing, McH Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic 03/27/16 ls.l. United Methodist Ch 05/29/16 St Patricks Parish 06/11/16 Jack Schweder Bday 08/21/16 B Matchen/N Shore Rods 08/21/16 Leon Schmitt Fam TConaway\pic perm list.doc Address 3717 W Main St, McH 3500 W Washington St, McH 4510 Ashley Dr, McH 3808 W Maple Ave, McH 1810 N Riverside Dr, McH fire pit on PP beach blow up house, music, games catered food pop up tents, food vendors, car Show tractor rides, jumpy house Nb 1WHENRY PARK FACILITIES PECIAL USE AND/OR BEERMINE APPLICATION Contact Person: La � `t, '�. S C,/1 ,q-.� � _ _Date of Picnic: % Company/Organization: J I kp.�+ VN, 4,Address:_ 1"') WJ- Ci /State/Li p� �t W4 ❑' ` �s , h p_ _Home I hone: ' 5% s eO 3/ Work/Cel l Phone: Park: ❑ Knox Park (A only) Peter en Park ❑ Veteran's Memorial Park Area: ❑ Shelter A n Shelter° B n Shelter C u Other: Arrival Time: J > _ De arture Time: c�� _.._.,,..,..___�_...�:.-. P �_�.._.-_ Total Number Attending: �. F'�lsifying cxtte�xciccnee r�.ta�rtGers will rc>sult r.rz lass o�'r.Xel�o.sit, Groups over 500 must obtain additional: n dumpsters ❑ portable toilets Water, electricity and restroorns are available at all sites. Knox Park A has a portable restroorn, Brief description of event (company picnic, car show, craft show, wedding, etc.): .List all activities to he held: Items brought into ❑ Other site: n Tab[es � C11a.irs ❑ Benches ❑Carnival Rides ❑Music ❑ Ar11111&IS ❑Catered Pig 1Zoast f ❑ Tent: Location [n Park; -�___ _Size: ELECTRICAL FOR TENTS ❑ APPLICANT TO CALL JULIE (1-800492-0123) TO BE LOCATED n NO ELECTRIC: Shanlrock Tent Staked; ❑yes n no %%�-)c*%X'%>CQf%t'r%*'�*%:r*'%,�-7,'%Y''f7�%i'C*1CX�t 7k Yl'Y`k1t'�'•h 1C �'1�"i:Y%'jt'%ki: Y'k '�'•K 1f%Y•k 5f K*iS C 'Y 7t%*Y. )f }�'if 9(>S%Y%'ky�'K'YN1f%1fk'�f 7fN%7�%%S(N'J.'k%'�'Y''yk 5f 'iC >tYXSf X%Y: Will beer/wine be present: ❑ Yes r No IE YOCl CI ECi EV XES, FLEASE ANSWER (QUESTIONS BELOW: Indicate the number of beer/wine permits denied . Indicate amount of beer/wine to be brought into the City Park under this permit oil above date (number of wine bottles, beer cases, beer kegs, etc•)_ _ I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on t11e permitda.te and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that tile sale of beer/wine under this permit issued pursuant to this application is expressly prohibited, I have read and will camply with the City of McHenry Park Permit rules, I have react and understand the rules and regulations that have been set forth by the City of McHenry regarding the. Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising, front the use oftheT rk property. I also indersta.ild that not complying with the Park Permit rules will result in loss of deposit, Signature: •�` � � �t�-t,Mr--� Date:�l�/3/ / ! S� Healfh permifs re required by law for concessions and catering. vtease make arrangements to obtain permits. NOTE: Approv will be based on the items listed above..Any other requests are subject to further approval. Restrictions: I •****t;OR OFFICE USE Reservation Fee; � Date Paid: .� lnitials;_T��.� Deposit Fee: $ — Payment: 0 C: ash ❑ C ec Ia� �t "Total Fee: Submitted to City Council: 1� Confirrnatiori Sent; _Initials: _ City council Approval; parkslf'orms\picnic titrmslspecial use and beer and or wine applictrtion IyIcHENRY PARK FACILITIES ECIAL USE AND/OR DEER/WINE A f Contact: Person: ['LICA S'ION th Date of Picnic: J(d.Y) Company/Organization: S_T F 11 I rN ILJNss: c U® H I N(rj®N ZZ), I CirylState/Lip; L Home Phone:Y� Ns, Work/Cell Pllone:_300 S Park: ❑ Knox Park (A only) ❑ Petersen Park ;Veteran's Memorial Park Area: ci Shelter A ❑ Shelter B ❑Shelter C: 1;1 Other: Arrival Time: 96 oo Am.. Departure Time: (1 00 t �Nj_.____Total Number Atterlding),Q,j�.-0 Frzdsyyhig ettennee numbers will result nz io,Ss a/(leposm Groups oven° Sp0 must obtain additional: ❑ dunrrpsters ❑ portable toilets Water, electricity and restroorns are available at all sites. Knox Park A ha.s a portable restroom, , Brief description of event (company picnic, ca.r show, craft show, wedding, ete.):__L�lAJCG t coo" IG List all activities to be held: SOF. e cs 81yWo___-- Items brow ht into park si ❑ Oth.er. -- ❑ Tent: Location In Park: ELECTRICAL ❑ TablesClia.irs ❑ }3c ncl7es ❑Carnival Rides Music ❑Animals ❑Catered Pig boast ...ram Size; TU CALL .irJL[E (1-80Q-892-Q123) TO BE LOCATED FOR TENTS ❑ APPLICANT ❑ NO ELECTRIC: Shartlrack Tent Staked; ❑ ycs c� no icic�rc���cie•;�xxirk*�irkkttyc;rr,*xxic�sct•tir*•kr�C�Cfrkit�Fr:;';�;•nFx�;r,x�t�kY�z'r'rht•kf';�srskxx�stkx�x4st4tYNr',x�;�:�;xis'xt'txt4x4cxs'txs'rsrsP'tM1�s2st>;r,6:Kxsrr': iII beer/wine be present: �'es ❑ No E YOU C FCi i'ES, PLEASE A1NS WiER QUESTIONS BELOW: Indicate the number of beer/wine permits denied 0 . Indicate amount of beer/wine to,be brought into the City Park under this permit oil above date (number of wine bottles, beer eases, beer kegs, etc.) I agree that all the beer/wine containers will be removed by applicant or placed in proper co airon site on the permit•d.a.te and that no underage or intoxicated person will be allowed to consume any of the beer wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, ptuAsuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules, I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the. Special Use and/or/eer/Wine Appm lia ions) nd will assume responsibility for any loss, damage or liability arising, fr011•t the use of the park/�ropoll I also ttr rsta.IthAt not complying with the Park Permit rules will result in loss of deposit. Signature: Health permifs are required by law f'or concessions and catering. Please retake arraugements to obtain permits. NOTE: Approval will be based on the items listed above..Any other requests are subject to further approval. Restrictions: ��*�**��*���K�,�,�,��,r�x��:����:�,r�K,�K��*��:�•��,�,�FOR 01+FiC,`E USE OIVC,Yxxxr�,;�x��akx�x•k,r�,�'+� � rKx�;���:nn�,rx,rK,��,�n,rx�>;�e•r,��;�� Reservation Fee; $ /�>/�J Date Paid: ��� � Initials;_•���� Deposit Fee: $ Payment: ❑Cash ❑ pieck ❑ Chai,L;e - Total Fee; Submitted to City Council; Zfif.12 Confirmatiori Sent: .In -�------. ., city Council Approval: park5\forms\picnic Ybnns\spacial use and beer and or wii7e api5licritioir EC Contact Person, 6 Company/Organization; IVIcHENKY PARK FACILITIES USE AND/OR. BEERMINE Al City/State/dip:ll L(9 ome. Phone: PI.ICA I IO Date of Picnic: (I �� 51() osk(,may Work/Cell Phone; `I 'YO3 Vvsd Park: ❑Knox Park (A only) ❑Petersen Park etera.n`9 Memorial Park Area, ❑ Shelter A ❑ Shelter B ci Shelter C r..i Other: _ Arrival Time; ,l �`V"� _Departure Time; Cf Total Number Attending: Frrlsifyr'ng rziterrcl�rnce racrrytbers will result rrz lass of �lel�vsit, Groups over 500 must obtain additional: ❑ dumps ters ❑ portable toilets Water, electricity aizd restroorns are availa.b(e at all sites. Knox Park A ha.s �� portable restroom, Brief description of event (car an p'cnie, car show, craft show, wedding, etc.): CVt=� C;\ r �"�% .List all activities to be' held:: c) items brought into par site: ❑ Tables o Chairs u Benches ❑ Carnival Rides ❑ Music ❑ Animals ❑ Catered Pig Roast �Oth.er CCA ❑ Tent: Location In Park: _-- Size: Tent Staked' o yes o no ELECTRICAL -- POR TENTS ❑ APPLICANT' TO CALL JtJLIE (1-800-89M123) TO BE LOCATED ❑ NO ELECTRIC; Shamrock iC �C 7�-%%%X'%Tt']CK%i17%7fKii*�%}i;t7it 7i it Xii%%i:%Y�'Y'I4'if 9C Si1�'�'1FX 5'CSC'kXk'%X%'k%%'A'Y1�'i<'M1'�C�T'i%X*5C]t;�'it''iCh"k$S SC i�7�'!�''Y,T!'%1:�'N'%'K'N SAC 1�k%Nfi'�: f}N'ii 1f%h"Y YtY52 'iC SI Sf tiJ 4�ViIl beer/wine be preser>t: Yes ❑ No I YOU Cl<II;'CI EA YVS, r'LEASIs ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied . L indicate a.rnount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc,)er I agree that all the beer/wine containers will be removed by applicant or placed in proper containers oil site oil the permitd.ate and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited, I have read and will camply with the City of'McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the. Special Use and/or Be ne Application(s) and will assume responsibility for any loss, damage or liability arising front the use of the park o . 1 also ttn that not complying with the Park Permit rules will result in loss of deposit. Signature: Date:. �:- Health per are required by aw f'or concessions and catering. lease rztake arratzgerrze A to obtain-perrnits. NOTE: A oval will be based on the items listed above..Any other requests are subject to further approval. Restrictions: A ,��;nIZ Of FIC[' USE nNC,Y%,tax�,;,t%�%��%�x%%%���.�r�:r v� Reservation Fee; — lnirials;_���- Deposit -tom Payment: o Cash ❑ ' leek ❑ C:hai,L;e Total Fee: � t r >� � --- Submitted to CityCouncii; � / Confirmation Sent; -�� �Cnitials: City Council Approval; parkslForms\picnic Pitrmslspecial use and beer and or wine application MCM NRY PARK FACILITIES SPECIAL USE AND/OR BEERMINE APPLICATION Contact: Person; J Company/Organization:-- c z:l ���t ddress: . � T City/State/�i onle Phol1 I7a.te of Picnic: A _C3/L ^ 1 Work/Cell Phone: Park: � Knox Park (A only) i�Peteesen P<l.rk ❑ Vetera.n's Memorial Park Area: Shelter A ❑ Shelter B u Shelter C ca Other: _ Arrival Time: •` _ Departure Time: Total Number Attending Fnlsrfyul a tendanee numbers will t4estult irz loss of dei)nslt, Groups over 500 must obtain additional: n dumps ters ❑ portable toilets Water, electricity and restroorns are avttilabfe at all sites. i<nox Park A ha.s a portable restroom. Brief description of event (company picnic, ca.r show, craft show, wedding, etc.): .List all activities to be held: v items brought into park site; n Tables � Clla.irs u l3e:nclles ❑Carnival IZidcs ❑Music ❑Animals n Catered Pig 1Zoast El Oth.01 P ❑ Tetat: L,ocatio.n [n ark: I LEC I NICAL Size: FOR TENTS ❑ APPL[CAN`I' TU CALL 1C_1L1B (1-800-f192-0123) TO BE LOCATED ❑ NO ELECTRIC: Silarnrock Tent Staked: ❑yes ca no i"iC'%icti"hX•%tt*>ti is ic�k7k'ic:��l';i7Y'if'7XY*'rtf[k1C'if IS 9c Tf}LY:f'It 9C �i ri'�'YiTX9f'it k 4c Y;X��k�:@Ytk StNYif 9%'iC i�>C f�HX9:'iiY(X1F Y,X'A'7yA"Y,N'k'/f!'C9l:�XSS'iC1i'T'kH}i SYk i(Nk4f Si'ii >tY}¢SC Y(A'ti: VViII beer/wine be present ,Yes ❑ No ZF YOU C Ci IJ ' SI I? EAS IA 0 WAR QUESTT3'iiLQW: Indicate the number of beer/wine permits denied C1 1-ndicate a.rnount of beer/wine to be brought into the City Park under this pernnit on above date (number of wine bottles, beer cases, beer kegs, etc.) I agree that all the beer/wine containers will be removed by applicant oil placed in proper Containers on site on the permitd.ate and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of Mel�lenry park under this permit. I agree that none of the beer/wine allowed in the City of ivlcHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited, I have read and will comply with the City of McHenry Park Permit rules, I have read and understand the rules and regulations that have been set Forth by the City of McHenry regarding the. Special Use and/or Beer/Wine Applications) and will assume responsibility for any loss, damage or liability arising from the use of the park property. I also understand that not complying with the Park Permit rules will result in inss of deposit, If J Signature: �L urcti. bate: Health perni Its are required by law for concessions and catering. Please maize arrangements to obtain pernilts. NOTE: Approval will be based on the items fisted above..Any other requests are subject to further approval. Restrictions: OFFICE USE Reservation Fae; $ �� ._ _ Date Paid:- /• �--�%�� initials: � � Q. Deposit Fee: $ payrtienr. q Cash d-C`Iteck U Chai��;e - Total Fee: v r ..? Submitted to City council',( Confirmatiori Sent; _Initials:_,. City Council Approval; parks\formslpicnie Pones\special use and beer and or wine api5lieetici7 SIF Contact: Person: MeHENRY III PARK FACILITIES IAL USE. AND/OR BEER/WaINE APPLICA, Company/Orgatl.ization: on1e C'hvne;; /�( � Work/Cell Plione: ON Park: ❑ Knox Park (A only) ❑ Petersen Park Area: ❑ Shelter A etera.n's Memorial Park ,, ❑ Shelter B r� relter C: r,a AI'1'IYaI Trn1E: 113d_.�G a -- T_ Departure Time: ('G'b Number Attending: FaISt yzng attendance nintibers will result r'rz loss of r100.srt, Groups over SQU must obtain additional: ❑ dunnpsters ❑portable toilets Water, electricity and restroorrls are available at all sites. Knox Park A has a portable restroom, Brief description of event (company picnic, ca.r show. craft show weddin etc,):__ /--�j�. r List all activities to be hel(: g �rY/.JAL ,� Items brought into park site; ❑ Ta.b[es f� ❑ Oth.er C11air3 ❑ DQ"cllcs ❑ Carnival Rides ❑ Tent: LOCatiO.11 I11 PaI'k: ELECTRICAL FOR TENTS ❑ APPLICANT TU CALL.IlJLIE (]-Spp_g9�_0123) 'I'U BE LOCATED ❑ NO ELECTCZIC: Sharrlrock ❑ Music ❑Animals ❑Catered Pig boast Tent StakEd; ❑ yEs c� no irh�F rc%%�c is ird:%%%%%x%i; %�%%drr, %irxir%y2 ;c Y��%r��£c ;Exit V,•%; .L .1i5•f%71`;Q%tC%%%%%%y',•%%%%%}�%Y•%%%%%f¢%%%}Q%XSf S(%k%%%%%ii >7 Y',%SC%k* V�ill beer/wine be present4 'es ❑ No ZE YOU C E% CKE- Indicate the nu.mber° of beer/wine permits denied ,Yf'S, `LEASE ANSWER QUESTIONS BELOW# r City Park under t. Indicate, a.rnount of beer/wine to be brought into tile, 11is permit on above date (number of wine`bottles, beer cases, beer kegs, etc,) 7,/,�r� G I agree that all the beer/wine container's will be removed b applicant al' placed In propel' contal11E1'S all site all perrmit•d.a.fe and that no underage or be person twill be allowed consume an of—�------ � City of McI-IEnry park under this permit. I agree that none of the beer/wine allowed in the the beer/wine brought into tile Y a this application will 6e sold, it being understood that tl1E sale of beer/wine under this permit issued pursuant to t City of McNenr4 park, 17tII;S61aI11 application is expressly prohibited. I 11ave read and will comply with the City ofCvicClenry Park Perrllit rules, I have react and understand the rules and regulations that have been set forth by the Cif of McHenry iris Special Use and/or Seer/Wine Applications) and will assume responsibility for any foss, damage or liability Y regard'llg the. the use of'the park roperty. I also un stand that not complying with tile, Park Permit rules will result in I(�S arisen �f �, fi an•r Signature: ��Z' s of dc}�osit, Health permits are Approval will be based oil law for co require€I ncess ns and catering.Iease make arrangements Ietnen s _ /46 MUTE: n fihe items listed above..Any other requests are subject to further approval, g to obtain perrrlits. Restrictions: �F �FRk%�'RA'kk9: sk :f Yr 1p �j;�%*�i•*�*�$:Fk k�e-----•—••....• _ nx��%*�t'�'"�'�I<OT2 C?r'FtC.`F C.ISEONi,Y*Kirr,�g*%%*�%Khh•k%%%%% ir%:kr.A•K*�:t9:x4cR�4fr�Yirt47k%9c�YRitirk�;�;,;�;%.' Reservation Fee: � Deposit Fee: 7 Date Paid: Total F $ —�'-�-� / Initials; ❑ Cash Check a Ci�a(z e Confu-mal:W Sent: µ Initials: Submitted 10 City COI.Incil; —~- - city council Approval;` parkSifprnrslpiarie li�rinslspecial use and beer and or uIine applictrtion — — IVICHENR Y PARK V'ACI.LITIES SPECIAL USE AND/OR BEER/"V4rINE APPLICATION Contact Person: Company/Organ.ization; / / City/State/Zip: ��7 Home Phon r Date of Picnic:_.,__,_._..__....r�_._ ...__ Park: ❑Knox Park (A only) �'Peteesen P<I.rk ❑ Vetera.n's Memorial Ptt.rk Area: i-Shelter A ❑ Shelter B ❑ Shelter C r.t Other: Arrival Time, Departure Time: ; p Total Number Attending:,�>� , Falsifying aftendnnee na�rrtGers Will result irz Ions of rlel�v.sit, Groups over 500 must obtain additional: n dumps ters ❑ portable toilets Water, electricity a11d restroorns are avtiilab(e at all sites. i<.nox Park A has a pprtable restroom. Brief description of event (company picnic, ea.r show, craft show, wedding, etc.): .List all activities to be held: items brought into park site: ❑ Ta.b[es r� C11a.irs n Be;nclles ❑Carnival Rides ❑Music ❑ Antnla(s ❑Catered Pig ]oast ❑ Oth.er ❑ Teut: Locatia.n [i1 Park: ELECTRICAL Size: FOR TENTS ❑ APPLICANT TO CALL 1rJi-,I)�, (1-800-892-Q 123) TO BB LOCATED ❑ NO ELECTRIC, S1larnrocl< Tent Staked; ❑yes ❑ no %%%%%%%%TC )Y 1'`iX%%%t%�: %%%%;s%%%%7F%'Kit%%%%%'i!%*%%tt n %%%Y. %%%k%'kxot Y•'K 7tK T';C'K ft%SC %7tY%%9C it%%%'1t 74%Y%d; �: 1t X:t %}t %}tk4t pf %$fk Nti"K 'KkYYt Y,Y St h"it S: i�Vill beer/wine be present: ❑Yes ❑ Na YOU Ct1C�vottlos, 'S, PSI ASE AlVS 4VI�Z2 (zUESTI()I4'S I JI:J,OW: Indicate the number of beer/wine permits denied. Indicate a.rnoullt of beer/wine to be brought into the City Park under this permit on above date (number of wine beer cases, beer kegs, etc,) ' S b � . ' I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the perrnit*date and that no underage or intoxicated person will be allowed to constime any of the beer/wine brought Into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the. Special Use and/or er/Wine Application(s) and will assume responsibility for any loss, damage or liability arising frond the use of the park perty. I al)o un st .nd that not complying with the Park Permit rules will result in loss of deposit. w gnature: \J Health perrnifs are require by aw far concessions and catering. Please make arrangements to abtarn pert>1its. NOTE: Approval will be based on the items listed above,.Any other requests are subject to further a.pprova(, Restrictions: FOR OFFICE USE nNLY�r�x,;�w��,r�:��x�xh�%�,t���!�%r,�Kr,�%�:xn��x�x�%%n�x�t�,x�;��e � Cteservatipn Deposit Fee: $ c� Pam --...—......T_ y enc: n Cash e Ak n Cliary - i'otal Fee: �_ �. Submitted to City Council:, /�_&� Confirmation Sent: �Cnitiais:• _ City Council Approval parks\formslpicnie forinslspecial use and beer and or µ-roe applicaican '4d o SP lY CHENK Y PARK V ACX.Ll tMES f , USIK AND/OR BEERMINE APPLICA 1 Contact Person: 6 )a� /I '� S _, mate of Picnic:_.._ C�}71ai1y10�fgailY '�: City/State/Zip: -—�—,� Home Phone:_ Worlc/Cell Park: o Knox Park (A only) o Petersen Park Vetera.n's Memorial Park Area: o Shelter A ❑ Shelter B o Shelter C Ili Other: Arrival Time: /? ; o o _ Departure Time; � ,f? O Tota.1 Number Attending; F�Xsifying �tfencXnr�ce nur�iGers will resuit �►z X.oss �f �Xeposit• Groups over 500 must obtain additional.: o dumps ters o portable toilets Water, electricity and restroonls are available at all sites. Knox Park A has a portable restroo/m, Brief description of event (company picnic, car show, craft show, wedding, etc.): 11112e ii i��li J ✓i _ List all activities to be held: Items brought into park site: ❑Tables ra C1lairs u Benches ❑Carnival Rides � Music o Aninlills u Catered Pig Roast a Other ` _.. _ _ _ , n �_... o.Tent: Location In Park:_ __Size: _^_Tent Staked: o yes o no ELECTRICAL FOR TENTS ❑ APPLICANT TO CALL JULIE (1-80049M123) TO BE LOCATED ❑ NO ELECTRIC: S1larnrock xri•ir•k�•k�ie ie�itx**kicr.�Y�*�;k>�•ieR�t•ie ie k�2•k �C Ye'kr'h��'�9c 9;tFi:ie*•k�5e'kr,*�*k�:YhKri'v'e��iexir*x•k�R�it�ie �'t tY �Ykr,K�9e.xit*Sr tYK�xxxfrYe s'r it 8tx��'fritrkir fear: Will beer/wine be Present:/NiX'i~±lS, J;'Y,'CAS� ANSWER �U)CSTT()NS 13�;YlOVV: Indicate the ntttnbe ofbeer/wine V 6Indicate amount ofbeer/wine to be brought I11tQ tl1e City Park under this permit oil above date (number of wits ottles, beer cases, beer kegs, etc,) � �� le���_. I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit elate and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park udder this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Applications) and will assume responsibility for any loss, damage or liability arising, front the use of the park property. I alsy"ndersta.nd that not complying with the Park Permit rules will result in lass of deposit. Signature: hate: � Health permits are requir by law for concessions end catering. Please ntake arrangements NOTE: Approval will be based on the items listed above. Any other requests are subject to further Restrictions: approval. to o�ainpermits. ���*�,�x�:*�,�x�•x:�x�v:��*������,�**�,��,r,��*�•x��,ra•FOR OFFICE USE QNLY*�xx�w,rN�•x,�•x��x•k•x�,r�,������x,�x�r��xxx,t,�K�,��;r,��,rnt;>r�•r,��;�� Reservation Date Deposit Fee: $ �i ` " Payment: Cash o h ck �b CI1ar�e Total Fee: 5.. ,��J Submitted to City Council: J�&jp� Confirmation Sent: Initials:-� City Council Approval; parks\Porms\picnic Pormslspecial use and hoer and or vine application IVICHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Contact: Person; ! l'� U'W �° �� �� / 1 . ._Date of Picnicq_A / Company/Organ.ization:_LLJ, 01 i LIvi _Address:_ _y 6 t,/" C C yJi City/State/Lip: 11141r 1lfr,���t ome. Phone: � % i'�Work./Cell Phone: �� �7<- C Park: ❑Knox Park (A only) Peteesen Park ❑ Vetera.n's Memorial Park Area: wShelter A ❑ Shelter B u Shelter C Lt Other: Arrival Time: 10)06..slr/ _Departure Time; <� cL? IV uTotal Number Attending: 37ar F�tsrfyin�,r cttend�rnee nccrrcUers will result icz loss of rlel�osit, Groups over 500 must obtain additio>nah ❑ dumpsters ❑ portable toilets Water, electriclty and restroorns are available at all sites. Knox Park A has a portable restroom, Brief description of event (company picnic, ca.r show, craft show, wedding, etc.): 7�'q,fo; I .List all activities to be held: --- Items brought into park site: ❑ Ta.b[es r� C11a.irs ❑Benches ❑Carnival Fides ❑Music ❑ Anlnlals ❑Catered Pig boast ❑ Oth.er ❑ Tent; Loeatia.n [n Park: P LECTRICAL Size: FOR TENTS ❑ APPLICANT TU CALL JULI)�, (1-800-$92-0123) TO BE LOCATEb ❑ NO ELECTRIC: Sl�arnrock Tent Staked: ❑yes c� no Will beer/wine be present: ❑Yes ❑ No ZF YOU C IECi EU YES, I'J�EASE ANS WER QUESTIONS BELOW: Indicate the number of beer/wine permits denied. Indicate amount of beer/win eto be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc,)J I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit'd.ate and that no underage or intoxicated person Nvill be allowed to consume any of the beer/wine brought into tl'te City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pLU'SLiant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the. Special Use and/or Beer/Wine Applications) and will assume responsibility for any loss, damage or liability arising, front file use of'the parkyroperty. I also understand that not complying with the Park Permit rules will result in loss of deposit, Signature: Date: Heatfh per -, mifs are required by law fbr concessions anc� cafering.Iease make ar rangentents to obtain permits. NOTE: Approval will be based on the items listed above..Any other requests are subject to further approval. Restrictions: �� 4%*%,�FnR OFFICE USE o1VL,Y**KK*r*KK*s*%:tx%**,��;��,t Reservation Fae; $ _�/��% lnicia , Deposit Fee; $_<j-..___, Payment: o Cash ❑heck charge - Total Fee: __� Submitted to City Council: h Confirmation Sent: _initials: City Council Approval; parkslforntslpicnie Forms\spacial use and beer and or wine applicEitian Ab. x IVICIMNR Y PARK FACILITIES SPECIAL USE AND/( R IiEER,/"4 INE APPLICATION Contact Persotl:CL trl�- �L Company/Organ.ization: -,_,Address: 3 5v� City/State/`•Lip:.Jule ,,2 , -c' r-_._Home Phone: SS/s - -s 7�Y - 9� Date of Plenie:_ Work/CeII Phori Park: c� Knox Park (A only) Petersen Park ❑ Veterans Memorial Park Area: o Shelter A XShelter B n Shelter C r) Other: _ Arrival Time, / '9 Departure Time: Total Number Attending:„ Frcls fyr'ng r�ttenance nu�riGers will result lrz loss of cle/�nslt, Groups over 500 must obtain additional: n durnpsters ❑ portable toilets Water, electricity aild restroorils are avttilab[e at all sites. Knox Park A ha.s �t pUrCable restroom, Brief description of event (company picnic, ca.r show. craft show, wedding, etc.): �� � List all activ[ties to be held: Items brought into park site: ❑ Tab[es r� C11a.[rs u Be;nclles ❑Carnival Rides ❑Music n Animals ❑Catered Pig [toast ❑ Oth.er ❑ Tent: Loeatian [11 Park: ELBCTRICAL Size: FOR TENTS ❑ APPLICANi' TO CALL JtJL1E (1-800-&9�-0123) TO BE LOCATED ❑ NO ELECTRIC: S1larnrock Tent Staked: ci yes n no it JC 7f YC ii'��f'iC tC i�XX*�.**K�:I'if�'i�>I'7tF'*Ki:*"iCY7c i41%Y'k'I(SC�K�IE ft `rC �'Y't if $CY•R'l"%'�: �(�Y'k 1t'k �'7f*1C :CSC*1S 'Y. ;{''it �(1C'if YAt `k 5:"A'Y'•N'Y. 'Y•Kh"X 5•f YC SAC �'12kS(4fX 'Y. 'K 7i'h'Y'it'ii SSYkk'HY'i: �ViII beer/wine be VresentI l� 'es o IVo kv YOU CHECi YES, PLEASE ANSWER UE C� STIC)NS 13ELOW+ Indicate the number of beer/wine permits denied. 1-ndicate a.rrtount of beer/wine to be brought into the City Park under this permit oil above date (number of wine bottles, beer cases, beer kegs, etc,) ')c�eo I agliee that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permitd.a.te and that no underage or intoxicated person Nui [I be allowed to consume any of the beer/wine brought intit the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuuartt to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited, I have read and will comply with the City of McE-leery Park Permit rules, I have read and understand the rules and regulations that have been set forth by t11e City of McHenry regarding tile. Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arisinu from the use of the park property. I also understand that not complying with the Park Permit rules will result in loss of deposit, Signature• � j,' ' �, '�.�. L- 1�� ��G 1-- Health permits are required by law for concessions and catering. Tease make arrangements to obtain permits. NOTE: Approval will be based on the items listed above..Any other requests are subject to further approval, Restrictions: •,�,��**��,•,���:�::�,,�,�,����x���K����xKx���*�������yOR Ot'Ft(:'E USE ONT.,Y•x,rnK���x���,�K�•n•x���,e���•�•xr�x,�,���:xnK�a�;K�*�,•;�x�,��;��;�,e initials; ��/ Deposit Fee: $ � Total Feet '� - Payment: o Cash i C eck 17 Clprue - S- CD to City Council: /`Sq 20 Confirmation Sent: µ Initials: city Council Approval:---~ parkslformslpicnic fonnslspecial use and her and or wine applicEition I1'�c�3ENRY PARS �'ACZL�TIE� Sp�CZA�., U�� AND/O�t B�EE�2./"VV11`�� APPL�CA'�"�O Contact: Person; � �,�, �___ � Cnmpany/Organ.ization;___ ��_.�u �t-,-� ►`�-a Ciry/StateiLip:,�,.-�- ,� 4 �'— I-iome C'11onc: ���;� Date ai' ]�cn ic:_ tom, � J '�7 r� WorklCell Phon����__� ��' �'7 _��' ,_._• Park: ❑Knox Park (A only} Petersen Park ❑ Vetera.n's Memorial Park Area: � Shelter A ❑ S11eft�i° B ,� ❑Shelter C; r.� Other: Arrival Time:_°� _ v1 _Departure Time: Total Number Attendin F`�Jsrfying uttend�rnee nrarriGers will result irz'loss of �lel�osit Groups over SQU must obtain additional: ❑dumpsters ❑ portable toilets Water, electricity atld restroorns are available at all sites. Knox Park A has a pUrtable restroom. Brief description of event (carllpany picnic, car show, craft show, wedding, etc,): �� � ie .List a[1 activities to beheld:_,_ ,��-��_�`-�..�'..__ �� ���_. rJ �,.� •� � '�—,r.� � --- -�--- --- Items brought into park site: ❑Tables r�Chairs ❑ I3Gnclles ❑Carnival Rides ❑MUSIC ❑ An1111aIS ❑Catered Pig Roast ❑ C)tll.er , ❑ Tent: Loeatio.n [n Park: >aLECTRICAL Si FOR TENTS ❑ APPLICANT TO CALL J[JLIE (1-800-892-0123) TO BE LOCATED ❑ NO ELECTRCC: Shamrock Tent Staked: ❑yes ❑ na x �c �Y is*�icxx�YNirk*sr�Kicnt�;kxi; lrxs'rx*ic:Y��;�r�*�5k 9txfFr�'c�:�1C �'c�;x�*r,�;-,';Y.tk!'ti'sx�nf4:�yc*xx�YR�Cx�;r,ns4 sY �H r,x3;'Y.�'x�Xtkx�4xkNRx4rxs452 Sk ypxo7 r,xSe Ksr r: �ViII beer/wine be present: ❑'.Yes ❑ No )I<� YO C1 Cl�:`; �� 'YES, �'�,EAS;'+. A1VS'VV�R (�UESTTC)I�'S i3�;7,O�: Indicate the number aFbeer/wine permits denied ��'�`` Indicate amount of beer/wine be brought into the City Park udder this permit art above date (number a9'wine bottles; beer cases, beer keys, etc,) S� _��' ��;�� I ag1•ee that all the beer/urine containers will be removed by applicant or placed in proper containers an site on t11e perinit�d.a.te and that no underage ar intoxicated person �viil be alla4ved to consume zny oFthe peer/wine brought inti> flit: City of Mci-Cem•y park under this permit. I agree that none of the beer/wane allowed in the City of IvlcNeiu•v park, p�n�st.iant to this application will be sold, it beitlg understood that the sale oFbeer/wine under this permit issued pursuatlt to this application is expressly prohibited. 111ave read and will comply wit11 the City aI'McI--Ieilry Park Permit rules, I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the. Special Use and/or i�eer/Wine A piication(s) and will assume responsibility For any loss, damage ar liability arising frairt the use of'd1e p�rk p��y-�l��rsta.n�gthat not cam�lyi��u�ith t11e Park Permit rules will result in loss ofdci�osit. //'' .� Signature: _. � _.., ��tte:.. �,, � � f/r Healfh permifs required by law f'or concessions and catering. Tease make ar�ran�ert�ents to obtain pertnits. NOTE: Approval will be based on the items listed above,.Any other requests are subject to further approval, Restrictions: ��*x*�*�����KKK**�����������*' �,�*�����,�t;orz or�tr. � c�sE ��>✓Y�nx��r�,�����n�h�k�����;���:�r�x���rKn��x�x��nx�x�,�*�;��;�� Reservation Fee; $ r��--_____,.___ Date Paid: %�'�~� lilitials; l__�/V�_ Deposit Fee: $ p' _-- Payment: ash C cl� ❑ Charge - �'otal Fee: �-_--..____- Subnlitted to City Council; � j�.�:� Gonii�mation Sent: � ,Initials:•, City Council Approval; ��� parkslfornls\picnic Pormslspecial use and beer and or wine applicEitian 1 I..f o,�'' e.�"y''°'.RE y' �'-�,�^" �i+ia( n� �"c����u�e u`� '�C:_.: "�-�'. �'. (��e"SF P.�.� _�,... r: �i ;•r� �,�G'� F%.� _.�'i�`.. �:--.F� 0 h PEC 11 cHENRY PARK ACI.LITIES USE AND/OR BEER/WINE APPLICATION Contact Berson: ` 2 / >� t Date of Picnic: Company/Organization; f Address: c ' i� A47 City/state/zip: ip,Y I, 'o! ) Home Phone: 99 Work/Celt Phone:�� _i 3: 146LF Park: n Knox Park (A only) Petersen P4.rk Area: ❑ Shelter A ❑ Shelter B Arrival Time.Departure Time: ❑ Vetera.n's Memorial Park,� r� Shelter C tTC)Iher: (V G� f a e(C� _Tota.I Number Att iding: 6 �'�is�yin� rrllencianCe nurrtGers will r��sult irz iossof �Ie��nsti, � ���� J I rlr�.�� [ ;r Groups over 500 must obtain additional: n dumps ters ❑ portable toilets Water, electricity aid restrtaorns are avtiila.ble at ail sites. Knox Park A has a portable restroom, Brief description of event (company picnic, ca.r show, craft show, wedding, etc.): �iav2 S,r�✓ .List all activities to be held: -- Items brought into park site: ❑ Tab[es p Chairs u Be;ncl•tes ❑Carnival bides n Music ❑Animals ❑Catered Pig Roast ❑ Tent: Location In Park:_ _.�___— Size: Tent Staked: c� yes ❑ no ELECTRICAL JV FOR TENTS ❑ APPLICANT TO CALL JULIE (i-800-892-4123) TO BE LOCATED ❑ NQ ELECTRIC: Sharnrock is irnr.-k�9: ie x�e itx*�•*$n*$*,y*:'rr,*•h KN�K;'r;��•kr,��kKK�; skxr,�;k'ck�;r,��:F�:h;;�•y'K�y��;K;�,'c s�xx�s4 fir �;r, sc yi i!^kr,ir�;�: s�it�Kxxs4x5`eSr feWxs'r s�Ksk s'<x f. r,rSr s'tx is 67dill beer/wine be present: ❑ 'es N�` o lE Y()U Ci BCKE } 'ES, PLEASE ANSWER QUESTIONS BELOW: Indicate the namber of beer/wine permits denied Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer cases, b 'kegs, I agree that all the beer/wine containers will be removed oeer/wine r placed in proper containers on site on the pertnit'd.a.te and that no underage or intoxicated person will be allrne any of the beer/wine brought into the City of McHenry pa:i•k under this permit. I agree that none of the wed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale�del' this permit issued pursuant to this application is expressly prohibited. l 17ave read and will coi1y with the City of McHenry Park Permit rt.iles, I have read and understand the rules and regula ns that have been set forth by the City of McHenry regaichlig the. Special Use a.nd/oi Beer/Wine Application(s) and assume responsibility for any loss, damage or liability arising, fron'i the use of the park property. I also understan iat not complying with the Park Permit rubs will result in less of deposit, Siginaturei� - _ Date: C2 Health permifs are required by law for concessions and catering. Tease make aiirangenients too obtain pern'ilts. NOTE: Approval will be based on the items listed above..Any other requests are subject to further approval. Restrictions: USE �;*xx*�,ra•x,��:�::eK����,r,����;r��,�,��xn�+t�����+a�"FOR OfFt(.`F 0lVLY�r:tnx�r�rx,rn,a�x�x,r�,�� K�r�r�.Y�;n,:,r*�:xn,�r�x�;K,�xnn,rnx,•r��;��;�x Reservation Fee; $ �_ l-CJ -__ _ Date Laid:-�`� Initials; f Deposit Fee: $ `` Payment: ra Lash o Total Fee: heck ❑- -- -- —4--. Submitted to City Council: Gj Gonfumation Sent: City Council Approval: Uarks\fprMslpicnic l'ormslspecial use and beer and or wine applictition REGULAR MEETING January 4, 2016 Mayor Low called the regularly scheduled January 4, 2016 meeting of the McHenry City Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Curry, Wimmer, Peterson and Condon. Absent: None. Also in attendance: City Administrator Morefield, Deputy City Administrator Hobson, Director of Economic Development Martin, Director of Finance Lynch, Director of Public Works Schmitt, Chief of Police Jones, City Engineer Pieper, City Attorney McArdle and City Clerk Jones. Absent: None. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PRESENTATION OF CHARACTER COUNTS! RECOGNITION AWARD Mayor Low turned the floor over to Alderman Condon, Chairman of the Character Counts! Coalition. Chairman Alderman Condon introduced Mr. Nick Palus, a resident of Plano, Illinois and Ms. Sharon Hunt, manager of Windhill Restaurant. Chairman Alderman Condon explained that Or. Palus was nominated for the Character Counts! Recognition Award by Ms. Hunt because while driving his truck along State Route 31, near Applebee's, in October 2015, Mr. Palus saw a young boy walking barefoot in pajamas on a cold day early in the morning. He recognized a crisis situation, stopped and called the police who immediately assisted the child. Chairman Alderman Condon thanked Mr. Palus for his willingness to assist the child. Ms. Hunt thanked Council for the recognition and thanked them for doing a great job for the City of McHenry. PUBLIC INPUT SESSION Mr. Craig Wilcox, 5908 Whiting Drive, addressed Council regarding the property tax abatement. Mr. Wilcox stated that he is a candidate for the office of County Board District 4. He complimented Council for passing the Ordinance regarding the tax abatement for Fabrik as an inducement to keep the business in the City of McHenry. He challenged Council to make 2016 even better, stating that property taxes in McHenry County must be reduced. Mr. Wilcox encouraged Council to make every effort to reduce the property tax levy on the residents in 2016. CONSENT AGENDA A. Authorization for Staff to seek competitive bids for the McHenry Sanitary System Improvements Forcemain Extension Project; B. Maintenance and repair of Water Tower #3, as per Option #2 (a two color approach), as recommended by the Public Works Committee on December 7, 2015; Regular Meeting Page 2 January 4, 2016 C. An Inducement Resolution regarding Industrial Development Revenue Bond Financing to benefit K&L Equity, LLC and Fabrik Industries, Inc., in an amount not to exceed $10,000,000;; D. A request to advertise for proposals for Janitorial Services for the McHenry Recreation Center; and E. Approval of List of Bills, in the amount of $148,582.34, Alderman Curry requested that Item A be pulled from the Consent Agenda for discussion and voted on as a separate item. Alderman Peterson inquired about why it is necessary that the Water Tower #3 be painted on three sides, as he seems to recall it always being painted on only two sides. Alderman Peterson opined he would like to see the fox on Water Tower #3 stand out more, rather than appear as a watermark. Mayor Low concurred with Alderman Peterson, stating she would also like to see the fox more prominently displayed. Director of Public Works Schmitt informed Council that Water Tower #3 is being painted on three sides to make the "Heart of the Fox" visible from all directions, as he has received several complaints that the logo is hard to see. He assured Council he would look into making the picture of the fox appear bolder than previously. Motion by Curry, second by Wimmer, approving the Consent Agenda, Items B through E, as amended. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Alderman Glab inquired why the original 24" pipe is being reduced to a 20" pipe and whether the 20 pipe will be sufficient. City Engineer Pieper addressed Council stating that when the plans were originally drawn the 24" piping was the way to go, because the fusible PVC piping was a relatively new product at the time. Now, however, the new fusible 20" PVC piping has been determined to be sufficient and less costly than the 24" piping. Director of Public Works Schmitt informed Council that following the rejected bid for the McHenry Sanitary Sewer System Improvements Forcemain Extension Project at the August 171 2015 City Council meeting, in which the sole bid was over three times the Engineer's Opinion of Probable Costs (EOPC), HR Green contacted several of the contractors in an attempt to determine reasons for them not submitting a bid. The main response from the contractors were all related to the contractors being extremely busy and not having sufficient time to focus on this scale of project. HR Green then revised the bid specifications, lengthening the time frame in which the contractor has to complete the work; flexibility of the location the drill rig may set up; changing the pipe diameter from 24" to 20" on the southern portion of the project; and allowing the use of fusible piping in addition to high -density polyethylene pipe. As a result of the modifications to the scope of the project, the EOPC has been revised to $2,241,804. Regular Meeting Page 3 January4, 2016 Director Schmitt informed Council that the project would be funded from the Water/Sewer Fund, which currently has a fund balance of $4,368,273. Motion by Wimmer, second by Curry, approving Consent Agenda, Items A, as presented. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR'S STATEMENT AND REPORT Mayor Low wished everyone a Happy New Year, Mayor Low thanked Council and Staff for their efforts in 2015 and stated that she is looking forward to working with everyone during a busy 2016. COMMITTEE REPORTS Chairman Alderman Wimmer of the Finance and Personnel Committee, announced that on Monday, January 11, 2016 at 5:30 pm a meeting of the Finance and Personnel Committee would be held in the Alderman Conference Room. Chairman Alderman Condon of the Community Development Committee, informed Council that the Chairman's Report for the meeting of the Community Development Committee held on November 30, 2015, has been executed and the Report would be distributed to Council members shortly. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS There were no Future Agenda Items. ADJOURNMENT Motion by Wimmer, seconded by Curry, to adjourn the meeting at 7:35 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 7:35 pm. Mayor City Clerk AS —NEEDED CHECKS COUNCIL MEETING 2/15/16 100 100-46-6920 GALVICIUS, DEREK 200 1/11/2016 100 100-03-5410 NWBOCA 30 1/11/2016 100 100-33-5520 COMED 391011 01/05/2016 100 10045-5510 COMED 100.65 01/05/2016 100 100-33-5520 CONSTELLATION NEWENERGY INC 198.23 01/05/2016 510 510-31-5510 COMED 47,78 01/05/2016 510 510-32-5510 COMED 391.93 01/05/2016 100 10047-6110 EGAN, JACK 16.83 01/07/2016 100 100-04-5310 UNITED PARCEL SERVICE 15.17 01/07/2016 100 1 00-33-61 10 WAGNER, RON 50 01/07/2016 510 510-32-5410 WEF 316 01/07/2016 100 100-01-5320AT&T LONG DISTANCE 160.8 01/15/2016 100 100-22-5320 AT&T LONG DISTANCE 4.14 01/15/2016 100 100-33-5320 AT&T LONG DISTANCE OA7 01/15/2016 100 10041-5320AT&T LONG DISTANCE 0603 01/15/2016 100 10045-5320 AT&T LONG DISTANCE 0.36 01/15/2016 100 100-01-5110 BANKCARD PROCESSING CENTER 25.06 01/15/2016 100 100-01-5430 BANKCARD PROCESSING CENTER 22.44 01/15/2016 100 100-22-5370 BANKCARD PROCESSING CENTER 46.75 01/15/2016 100 100-22-5420 BANKCARD PROCESSING CENTER 470.6 01/15/2016 100 100-22=5430 BANKCARD PROCESSING CENTER 23 01/15/2016 100 100-22-6210 BANKCARD PROCESSING CENTER 68,23 01/15/2016 100 100-33-5430 BANKCARD PROCESSING CENTER 99 01/15/2016 100 1 00-33-61 10 BANKCARD PROCESSING CENTER 328.2 01/15/2016 100 10041-5110 BANKCARD PROCESSING CENTER 50405 01/15/2016 100 100-42-5110 BANKCARD PROCESSING CENTER 975 01/15/2016 100 10046-6110 BANKCARD PROCESSING CENTER 5008.65 01/15/2016 100 10046-6920 BANKCARD PROCESSING CENTER 75.45 01/15/2016 100 10047-6110 BANKCARD PROCESSING CENTER 700a29 01/15/2016 100 10045-6110 BIG R STORE 199.99 01/15/2016 100 100-22-5430 MCHENRY COUNTY CHIEFS OF POLICE 100 01/15/2016 510 510-32-5320 AT&T LONG DISTANCE 0.92 01/15/2016 760 760-004410 BANKCARD PROCESSING CENTER 150 01/15/2016 100 100-45-5110 CINTAS FIRST AID & SAFETY 180.54 01/22/2016 100 100-04-5310 UNITED PARCEL SERVICE 12.63 01/22/2016 900 100454510 ETTEN, CHRISTOPHER 85 01/26/2016 620 620-00-5110 VERIZON WIRELESS 38.01, 01/26/2016 100 100-04-5310.UNITED PARCEL SERVICE 1213 01/27/2016 215 215-00-6110 GREEN DOOR PROMOTIONS LLC 385.8 01/27/2016 215 215-00-6110 VISIBLE OUTDOOR ADS 300 01/27/.2016 400 400-00=5210 POSTMASTER MCHENRY IL 2400 0.112712016 $10 510-31-5310 UNITED PARCEL SERVICE 3.98 01/27/2016 13685.82 FUND 100 TOTAL 965144 FUND 215 TOTAL 68598 FUND 400 TOTAL 2400 FUND 510 TOTAL 760v6l FUND 620 TOTAL 38.01 FUND 760 TOTAL 150 13685*82 Vendor Name Expense Approval Register McHenry, IL LIST OF BILLS COUNCIL MEETING 245-16 Account Number Description (Item) Payable Number Post Date Amount Vendor: ACE HARDWARE, BJORKMAN'S ACE HARDWARE, BJORKMAN'S 100-01-6110 SUPPLIES JAN 2016 02/15/2016 25.17 ACE HARDWARE, BJORKMAN'S 100-33-5370 SUPPLIES JAN 2016 02/15/2016 75.5S ACE HARDWARE, BJORKMAN'S 100-33-6110 SUPPLIES JAN 2016 02/15/2016 392.97 ACE HARDWARE, BJORKMAN'S 100.41-6110 SUPPLIES JAN 2016 02/15/2016 188.86 ACE HARDWARE, BJORKMAN'S 10045-6110 SUPPLIES JAN 2016 02/15/2016 793.12 ACE HARDWARE, BJORKMAN'S 100-47-6110 SUPPLIES JAN 2016 02/15/2016 94.43 ACE HARDWARE, BJORKMAN'S 510-31-6110 SUPPLIES JAN 2016A 02/15/2016 422.12 ACE HARDWARE, BJORKMAN'S 510-32-6110 SUPPLIES JAN 2016A 02/15/2016 421.28 ACE HARDWARE, BJORKMAN'S 510-35-6110 SUPPLIES JAN 2016A 02/15/2016 226.79 Vendor ACE HARDWARE, WORKMAN'S Total: 2,640.29 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 100-45.5370 VEHICLE REPAIRS 773307 02/15/2016 415.60 ADAMS ENTERPRISES INC, RA 10045-5370 VEHICLE REPAIRS 773311 02/15/2016 223.28 ADAMS ENTERPRISES INC, RA 510-32.6110 SUPPLIES 774119 02/15/2016 28.08 ADAMS ENTERPRISES INC, R A 10045-6110 SUPPLIES 774134 02/15/2016 645.50 Vendor ADAMS ENTERPRISES INC, RATotal ; 11312.46 Vendor: APWA - ILLINOIS PUBLIC SERVICE INSTITUTE APWA- ILLINOIS PUBLIC 100-33-5430 IPSI FALL 2016 IPSI 2016 02/15/2016 695.00 Vendor APWA - ILLINOIS PUBLIC SERVICE INSTITUTE Total: 695.00 Vendor; ASCAP ASCAP 210-00-5110 CONTRACTUAL SERVICES 500640084 02/15/2016 347,32 Vendor ASCAP Total: 347.32 Vendor: ASSOCIATED ELECTRICAL CONTRACTORS ASSOCIATED ELECTRICAL 10045.5110 STREET LIGHT REPAIR 35001273 02/15/2016 533.23 Vendor ASSOCIATED ELECTRICAL CONTRACTORS Total 533.23 Vendor: AT&T AT&T 100-33-5515 ALARM CIRCUITS 1/28/16-2/27/16 02/15/2016 11021 AT&T 10045-5320 ALARM CIRCUITS 1/28/16-2/27/16 02/15/2016 108,93 Vendor AT&T Total: 219.14 Vendor: AVENET LLC AVENET LLC 620-00.5110 CONTRACTUAL SERVICES 38299 02/15/2016 71710,00 Vendor AVENET LLC Total: 7,710.00 Vendor: BANKCARD PROCESSING CENTER BAN KCARD PROCESSING 100-01-5110 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 74.89 BANKCARD PROCESSING 100-01-5410 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 11115.00 BANKCARD PROCESSING 100-01-5430 SUPPLIES/TRAINING 12/30/154/28/15 02/15/2016 =12,66 BANKCARD PROCESSING 100-01-6110 SUPPLIESITRAINING 12/30/15-1/28/15 02/15/2016 395.92 BANKCARD PROCESSING 100-03-6270 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 89.91 BAN KCARDPROCESS ING 100-04=5110 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 68.96 BANKCARD, PROCESSING 100-22-5430 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 50,00 BANKCARD PROCESSING 100-22-6210 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 80.51 BANKCARD PROCESSING 100-22-6270 SUPPLIES/TRAINING 12/30/154/28/15 02/15/2016 123.90 BANKCARD;PROCESSING 100-33+6115 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 41.90 BANKCARD PROCESSING 100-45-5110 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 137,30 BANKCARD PROCESSING 100-46-6110 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 162.96 BANKCARDPROCESSING 100-46-6920 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 96.84 BANKCARD PROCESSING 100.47-6110 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 866.04 BANKCARD PROCESSING 400.00-6130 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 99,70 BANKCARD PROCESSING 620-00-6210 SUPPLIES/TRAINING 12/30/15-1/28/15 02/15/2016 93.08 BANKCARD PROCESSING 760-00-5410 TRAINING 12/30/1S-1/28/16A 02/15/2016 450.00 2/10/2016 2:36:24 PM ;i `I Expense Approval Register Packet: APPK1700353 - CONTRACTUAL SERVICES Vendor Name Account Number Description (Item) Payable Number Post Date Amount BANKCARDiPROCESSING 510-31-5110 CONTRACTUAL SERVICES 12/30-1/28/16 02/15/2016 11200.00 Vendor BANKCARD PROCESSING CENTER Total: 5,134.25 Vendor: BATE, MICHELLE BATE, MICHELLE 10041-3637 PARKS & REC REFUND 129447 02/15/2016 46A0 Vendor BATE, MICHELLE Total: 46.00 Vendor: BMI BMI 210-00-5110 BAND FEES 9041094 02/15/2016 336.00 Vendor BMI Total: 336.00 Vendors BRAUN, NANCY BRAUN,NANCY 100-47-6110 REIMB BACKGROUND SEARCH- INV0001569 02/15/2016 18.00 Vendor BRAUN, NANCY Totals 18.00 Vendor: BROWN, IUDY BROWN,JUDYI 10047-5110 PARKS &REC INSTRUCTOR 1/5/16-1/26/16 02/15/2016 125.00 Vendor BROWN, JUDY i Total: 125.00 Vendor: BUSS FORD SALES BUSS FORD SALES 10045-5370 VEHICLE REPAIRS 50199501 02/15/2016 67.38 BUSS FORD SALES 10045-5370 VEHICLE REPAIRS 50199621 02/15/2016 39.94 BUSS FORD SALES 100-33-5370 VEHICLE REPAIRS 50200121 02/15/2016 43.84 BUSS FORD SALES 100-22-5370 VEHICLE REPAIRS 50200131 02/15/2016 314.64 Vendor BUSS FORD SALES Total: 46E.80 Vendor: COW GOVERNMENT INC CDW. GOVERNMENT INC 620-00-6270 SUPPLIES BTR6333 02/15/2016 145.90 COW GOVERNMENT INC 620-00-6270 SUPPLIES BV81745 02/15/2016 4P 30 Vendor CDW GOVERNMENT INC Total: 189.20 Vendor: CINTAS CORPORATION LOC 355 CINTAS CORPORATION LOC 355 510-324510 EMPLOYEE CLOTHING ALLOW 1/l/16-1/31/16 02/15/2016 170.66 CINTAS CORPORATION LOC 355 100-33-4510 SUPPLIES/EMPLOYEE 1/14/31/16 02/15/2016 222.44 CINTAS CORPORATION LOC 355 100-33-6110 SUPPLIES/EMPLOYEE 1/1-1/31/16 02/15/2016 94.16 Vendor CINTAS CORPORATION LOC 355 Total: 487.26 Vendor: CINTAS FIRST AID & SAFETY CINTAS FIRST AID & SAFETY 10045-6110 SUPPLIES 5004360179 02/15/2016 66.19 Vendor CINTAS FIRST AID &SAFETY Total: 66.19 Vendor: COMCAST CABLE COMCAST CABLE 620-00-5110 CABLE TV & INTERNET 2/11-3/10/16 02/15/2016 142.04 COMCAST CABLE 620-00-5110 INTERNET 2/4/16-3/3/16 02/15/2016 84.90 COMCASTCABLE 620-00-5110 INTERNET 2/4-3/3/16 02/15/2016 164.85 COMCASTCABLE 620-00-5110 CABLETV 2/8-3/7/16 02/15/2016 29.55 Vendor COMCAST CABLE Total: 42134 Vendor: COMED COMED 100-33-5520 UTILITIES 12/28/15-1/27/16 02/15/2016 30.17 COMED 10041-5510 UTILITIES . 12/28/154/27/16 02/15/2016 31409..69 COMED 100-45-5510 UTILITIES : 12/28/15-1/27/16 02/15/2016 1AS COMED 510-31-5510 UTILITIES . 12/28/154/27/16A 02/15/2016 385.95 COMED 510-32-5510 UTILITIES 12/28/15-1/27/16A 02/15/2016 30.03 COMED 510-31-5510 PUMPING:FEES 12/28/15-2/1/16 02/15/2016 358,61 COMED 510-32-5510 PUMPING FEES 12/28/15-2/1/16 02/15/2016 2,104.19 COMED 510-32-5$10 UTILITIES 12/29-1/29/16 02/15/2016 207.80 Vendor COMED Total: 61519.$9 Vendor: COMMUNICATIONS REVOLVING FUND COMMUNICATIONS 620-00-5110 COMMUNICATION CHARGES T1621869 02/15/2016 10.0.0 Vendor COMMUNICATIONS REVOLVING FUND Total: 10.00 Vendor: CONSERV FS CONSERV FS 10041-6110 SUPPLIES 65005766 02/15/2016 95.61 Vendor CONSERV FS Total: 95.61 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY 100-33-5$20 UTILITIES : 12/2/15-1/26/16 02/15/2016 2%22..A6 2/10/2016 2:36;24 PM Expense Approval Register Packet: APPKT00353 - UTILITIES Vendor Name Account Number Description (Item) Payable Number Post Date Amount CONSTELLATION NEWENERGY 100-44-5510 UTILITIES 12/2/154/26/16 02/15/2016 29.56 CONSTELLATION NEWENERGY 10045-5510 UTILITIES 12/2/154/26/16 02/15/2016 683.70 CONSTELLATION NEWENERGY 10046-5510 UTILITIES 12/2/15-1/26/16 02/15/2016 33.01 CONSTELLATION NEWENERGY 510-31-5510 PUMPING FEES 12/2/15-1/31/16 02/15/2016 10,361.05 CONSTELLATION NEWENERGY 510-32-5510 PUMPING FEES 12/2/15-1/31/16 02/15/2016 27,061343 CONSTELLATION NEWENERGY 100-33-5520 UTILTITES 12/22/154/27/16 02/15/2016 2,392.85 Vendor CONSTELLATION NEWENERGY INC Total: 63,782.76 Vendor: COONEY COMPANY, FRANK COONEY COMPANY, FRANK 400-00-8200 REC CENTER FURN 61618 02/15/2016 91236.80 COONEY COMPANY, FRANK 400.00-8200 REC CENTER FURN 62794B 02/15/2016 1055.00 Vendor COONEY COMPANY, FRANK Total: 101291.80 Vendor: CORKSCREW GYMNASTICS & SPORTS ACADEMY CORKSCREW GYMNASTICS & 100-47-5110 PARKS & REC PROGRAM 280 02/15/2016 11152.00 Vendor CORKSCREW GYMNASTICS & SPORTS ACADEMY Total: 1,152.00 Vendor: VANGELO NATURAL SPRING D'ANGELO NATURAL SPRING 510-32-6110 LAB WATER 1/2016 02/15/2016 33.00 Vendor D'ANGELO NATURALSPRING Total: 33.00 Vendor: DONOVAN, JOHNATHON DONOVAN, JOHNATHON 100-2200 REFUND O/P PARKING TICKET PRK TICK 101903 02/15/2016 25.00 Vendor DONOVAN, JOHNATHON Total: 2S.00 Vendor: DOOR SERVICE INC DOOR SERVICE INC 100-01-5110 CONTRACTUAL SERVICES WO-3772 02/15/2016 395.00 Vendor DOOR SERVICE INC Totals 395.00 Vendor: DUCAK, JASON DUCAK, JASON 100-22-5420 REIMBTRAVEL EXP INV0001622 02/15/2016 32.00 Vendor DUCAK, JASON Total: 32.00 Vendor: EBY GRAPHICS INC EBY GRAPHICS INC 100-22-5370 GRAPHICS 2013 02/15/2016 510.00 Vendor EBY GRAPHICS INC Total: 510.00 Vendor: EDESIGN EDESIGN 100-45-5110 CONTRTACTUALSERVICES= 2015663 02/15/2016 300.00 Vendor EDESIGN Total: 300.00 Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP ED'SAUTOMOTIVE/JIM'S 100-33-5370 ED'SAUTOMOTIVE/JIM'S 100-45-6110 Vendor: EJ USA INC EJ USA INC lOQ-33-6110 Vendor:FASTENAL FASTENAL 510-31-6110 Vendor: FIRE GUARD OF ILLINOIS INC FIRE GUARD OF 1LLINOIS INC 100-33-5115 Vendor: fLORES, DILL M FLORES, JILL M 100-47-5110 Vendor: FOX VALLEY FIRE &SAFETY FOX VALLEY FIRE &SAFETY 225-00-5110 FOX VALLEY FIRE &SAFETY 225-00-5110 FOX VALLEY FIRE & SAFETY 225-00-5110 VEHICLE REPAIRS/SUPPLIES 1AN 2016 02/15/,2016 245.00 VEHICLE REPAIRS/SUPPLIES JAN 2016 02/15/2016 203.00 Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total: 448.00 SUPPLIES 3911788 02/15/2016 3,190.71 Vendor EJ USA INC Total# 3,190.71 SUPPLIES ILMCH16890 02/15/2016 49.31 Vendor FASTENAL Total: 49.31 CONTRACTUAL SERVICES 16-301 02/15/2016 350.00 Vendor FIRE GUARD OF ILLINOIS INC Total: 350.00 PARKS &REC INSTRUCTOR 1/6/16-1/27/16 02/15/2016 121.88 Vendor FLORES,IILL MTotal: 121.88 CONTRACTUALSERVICES- 961666 02/15/2016 546.50 CONTRACTUALSERVICES- 961668 02/15/2016 195.00 CONTRACTUAL SERVICES- 962420 02/15/2016 1,147.50 Vendor FOX VALLEY FIRE &SAFETY Total: 11889.00 2/1OJ2016 Z:36:24 PM Expense Approval Register Packet: APPKT00353 -PARKS at REC REFUND Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: FROST, TRISH FROST, TRISH 10041-3636 PARKS & REC REFUND 129521 02/15/2016 50.00 Vendor FROST, TRISH Total: 50.00 Vendor: GALLAGHER RISK MANAGEMENT SERVICES INC, GALLAGHER RISK 610-00-5960 BOND FEES 1630053 02/15/2016 29.00 Vendor GALLAGHER RISK MANAGEMENT SERVICES INC, Total: 29.00 Vendor: GANDOR, MARK CANDOR, MARK 100-2241 STANDARD LIFE CREDIT INV0001570 02/15/2016 33.70 Vendor GANDOR, MARK Total: 33.70 Vendor: GROWER EQUIPMENT & SUPPLY GROWER EQUIPMENT & 100-33-5370 VEHICLE REPAIRS 59803 02/15/2016 4.35 Vendor GROWER EQUIPMENT &SUPPLY Total: 4.35 Vendor: HAMPTON FITNESS PRODUCTS HAMPTON FITNESS PRODUCTS 400-00-8300 REC CENTER SUPPLIES 11129 02/15/2016 2,871.S1 Vendor HAMPTON FITNESS PRODUCTS Total: 2/871951 Vendor: HAWKINS INC HAWKINS INC 510-31-(5110 SUPPLIES 3830533RI 02/15/2016 2,050.13 Vendor HAWKINS INC Total: 2,050.13 Vendor: HOMER TREE SERVICE INC HOMER TREE SERVICE INC 10041-5110 MCHENRY REC CENTER 10671 02/15/2016 5,000.00 Vendor HOMER TREE SERVICE INC Total: 5)000.00 Vendor: HRGREEN HRGREEN 740-00-5220 RETAINED PERSONNEL VA 102732 02/15/2016 161.00 HRGREEN 740-00-5220 WATERTOWER 102733 02/15/2016 483.00 HRGREEN 740-00-5220 RETAINED PERSONNEL-CVS 102735 02/15/2016 322.00 HRGREEN 100-01-5110 GENERALCONSULT 102736 02/15/2016 579.00 HRGREEN 440-00-8900 TRAFFICSIGNAL 102739 02/15/2016 966.00 HRGREEN 510-31-8500 WATER TOWER #3 102742 02/15/2016 10517,50 HRGREEN 270-00-8600 BULL VALLEY/CURRAN PHASE Il 102749 02/15/2016 61527,88 HRGREEN 100-01-5110 MCHENRY REC CENTER -BIKE 102750 02/15/2016 11587A8 HRGREEN 740-00-5220 RETAINED PERSONNEL -WHITE 86140381 02/15/2016 1,459.00 HRGREEN 400-00-8200 REC CENTER CONSTRUCTION 102737 02/15/2016 2,517.00 HRGREEN 270-00-8600 STREET PROGRAM 7-102856 02/15/2016 5,651.93 Vendor HRGREEN Total: 21,771.79 Vendor: HYDRAULIC SERVICES AND REPAIRS INC HYDRAULIC SERVICES AND 510-35-5370 VEHICLE REPAIRS 310147 02/15/2016 506.38 Vendor HYDRAULIC SERVICES AND REPAIRS INCTotal: 506.38 Vendor: IACP IACP 100-22-5410 DUES 1001181865 02/15/2016 150.00 Vendor IACP Total: 150.00 Vendor: ILLINOIS DIRECTOR OF EMPLOYMENT SECURITY ILLINOIS DIRECTOR OF 100-22-4010 QTR4/2015 INV0001571 02/15/2016 2,130.00 Vendor ILLINOIS DIRECTOR OF EMPLOYMENT SECURITY Total: 2,130.00 Vendor: ILLINOIS FBI NA ILLINOIS FBI NA 100-22-5430 MONTHLY LUNCHEON INV0001572 02/15/2016 75.00 Vendor ILLINOIS FBI NA Total: 75.00 Vendor: INTERSTATE ALL BATTERY CENTER INTERSTATE ALL BATTERY 510-32-5375 VEHICLE REPAIRS 1903701020999 02/15/2016 92.00 Vendor INTERSTATE ALL BATTERY CENTER Total: 92.00 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 3001351323 02/15/2016 280.18 INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 3001400119 02/15J2016 70.34 INTERSTATE BILLING SERVICE 100-33-5370 VEHICLE REPAIRS 3001411423 02/15/2016 341.88 Vendor INTERSTATE BILLING SERVICE INC Total: 692.40 2/10/2016 2:36:24 PM Expense Approval Register Vendor Name Account Number Vendor: IRISH PRAIRIE RECREATIONAL CENTER IRISH PRAIRIE RECREATIONAL 100-47-5110 Vendor: KARKI, STEVE KARKI, STEVE 10047-5110 Vendor: KERNEL50FTWAREINC KERNEL SOFTWARE INC 100-22-5370 Description (Item) PARKS &REC PROGRAM PARKS &REC INSTRUCTOR S�I:ii7e1:7�1;1 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 100-33-5370 VEHICLE REPAIRS Vendor: KLASEK, ROBERTJ KLASEK,ROBERTJ 100-22-5420 REIMB TRAVEL EXP Vendor: LEXISNEXIS LEXISNEXIS 100-22-5110 PHONE SEARCHES Vendor: LILLEENG, MICHAEL D LILLEENG, MICHAEL D 10047-5110 FEB PAYMT#5 OF 6 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW 100-01-5230 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 510-35-5370 Vendor: MCDONALD, PAMELA S MCDONALD, PAMELA S 100-47-5110 Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRYANALYTICALWATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-31-5110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 Vendor: MCHENRY AREA CHAMBER OF COMMERCE MCHENRY AREA CHAMBER OF 100-01-6940 MCHENRY AREA CHAMBER OF 100-02-6940 Vendor: MCHENRY COMMUNITY HIGH SCHOOL MCHENRY COMMUNITY HIGH 280-00-6970 Vendor: MCHENRY COMMUNITY SCHOOL DIST #IS MCHENRY COMMUNITY 280-00-6970 Vendor: MCHENRY COUNTY CHIEFS OF POLICE MCHENRY COUNTY CHIEFS OF 500-22-5430 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCHENRY COUNTY DIV OF 100-01-5110 Vendor: MCHENRY COUNTY HISTORICAL SOCIETY MCHENRY COUNTY 100-01-5410 Packet: APPKT00353 - PARKS & REC PROGRAM Payable Number Post Date Amount 1/25/16-1/30/16 02/15/2016 475.00 Vendor IRISH PRAIRIE RECREATIONAL CENTER Total: 475.00 1/4/16 1/26/16 02/15J2016 160.00 Vendor KARKI, STEVE Total: 160.00 193039 02/15/2016 252.97 Vendor KERNEL SOFTWARE INC Total: 252.97 4680116 02/15/2016 406.51 Vendor KIMBALL MIDWESTTotala 406.51 INV0001623 02/15/2016 32.00 Vendor KLASEK, ROBERT J Total: 32.00 1236684-20160131 02/15/2016 124.50 Vendor LEXISNEXIS Total: 124.S0 9/8/15-3/15/16 #5 02/15/2016 2,400.00 Vendor LILLEENG, MICHAEL D Total: 2,400.00 LEGAL FEES -TRAFFIC & 1AN 2016 02/15/2016 5,175.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 5,175.00 VEHICLE REPAIRS 11039775 02/15/2016 161.11 Vendor MCCANN INDUSTRIES INC Total: 161.11 PARKS &REC INSTRUCTOR 1/5/16-1/26/16 02/15/2016 225.00 Vendor MCDONALD, PAMELA S Total: 225.00 NITROGEN TESTING 389682 02/15/2016 120.00 FLOURIDE &NITRATE SAMPLES 389703 02/15/2016 120.00 510326110 389765 02/15/2016 330.00 NITROGEN SAMPLES 389766 02/15/2016 60.00 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: 630.00 2016 ANNUAL CHAMBER INV0001573 02/15/2016 360.00 2016ANNUALCHAMBER INV0001573 02/15/2016 720.00 Vendor MCHENRYAREA CHAMBER OF COMMERCE Total: 1,080.00 DEVELOPER DONATION FEES 7/1/15-6/3045 02/15/2016 13,001.80 Vendor MCHENRY COMMUNITY HIGH SCHOOLTotal: 13,001.80 DEVELOPER DONATION FEES 1/1/15-6/30/15 02/15/2016 24,146,20 Vendor MCHENRY COMMUNITY SCHOOL DIST #15 Total: 24,146.20 MONTHLY LUNCHEON FEB 2015 02J15/2016 45.00 Vendor MCHENRY COUNTY CHIEFS OF POLICE Total: 45.00 MCRIDE SHARE JAN 2016 241 02/15/2016 2,946.08 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: 2,946.08 2016-2017 MEMBERSHIP DUES 2016-01 02/15/2016` 500.00 Vendor MCHENRY COUNTY HISTORICALSOCIETYTotal: 500.00 2/10/2016 2:36:24 PM Expense Approval Register Vendor Name Account Number Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 100-01-6940 MCHENRY COUNTY RECORDER 510-31-6940 MCHENRY COUNTY RECORDER 510-32-6940 Vendor: MCHENRY PUBLIC LIBRARY MCHENRY PUBLIC LIBRARY 280-00-6980 Vendor: MCMASTER-CARR SUPPLY CO MCMASTER-CARR SUPPLY CO 510-32-5380 Vendor: MIDWEST METER INC MIDWEST METER INC 510-31-6110 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 100-00-6210 Vendor: MNJ TECHNOLOGIES DIRECT INC MNJ TECHNOLOGIES DIRECT 100-41-6110 Vendor: MOBILE TEAM TRAINING UNIT IV MOBILE TEAM TRAINING UNIT 100-22-5430 Vendor: MOTOROLA SOLUTIONS - STARC0M21 NETWORK MOTOROLASOLUTIONS- 100-22-5320 Vendor: MUNICIPALCOLLECiION SERVICES INC MUNICIPAL COLLECTION 510-2200 MUNICIPAL COLLECTION 510-31-5110 MUNICIPAL COLLECTION 510-32-5110 Vendor: NAPA AUTO PARTS MPEC NAPA AUTO PARTS MPEC 100-03-5370 NAPA AUTO PARTS MPEC 100-22-5370 NAPA AUTO PARTS MPEC 100-33-5370 NAPA AUTO PARTS MPEC 100-41-5370 NAPA AUTO PARTS MPEC 10045-5370 NAPA AUTO PARTS MPEC 100-45-6110 NAPA AUTO PARTS MPEC 510-31-5370 NAPAAUTO PARTS MPEC 510-32-5370 NAPA AUTO PARTS MPEC 510-35-5370 Vendor: NCISC NCISC 100-47-6110 Vendor: NEUMANN JR, EDWARD J NEUMANN JR, EDWARD J 740-00-6960 Vendor: NORTHERN TOOL &EQUIPMENT: NORTHERN TOOL & 510-32-5375 Vendor: O'CONNOR, MOLLY O'CONNOR, MOLLY 100-47-5110 Packet: APPKT00353 - RECORDING FEES Description Inem) Payable Number Post Date Amount RECORDING FEES 1/2016 02/15/2016 120.00 RECORDING FEES 1/2016A 02/15/2016 40,00 RECORDING FEES 1/2016A 02/15/2016 40.00 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 200.00 DEVELOPER DONATION FEES 1/1/15-6/30/15 PARALLEL MOUNT -BEAM PIPE 48564661 SUPPLIES SUPPLIES SUPPLIES FIREARMS TRAINING 0073514-IN 85410 0003439923 124 02/15/2016 Vendor MCHENRY PUBLIC LIBRARYTotal0 02/15/2016 Vendor MCMASTER-GARB SUPPLY CO Total: 02/15/2016 Vendor MIDWEST METER INC Total: 02/15/2016 Vendor MINUTEMAN PRESS OF MCH Total: 02/15/2016 Vendor MNJ TECHNOLOGIES DIRECT INC Total: 02/15/2016 Vendor MOBILE TEAM TRAINING UNIT IV Total: 21407113015 02/15/2016 Vendor MOTOROLASOLUTIONS - STARCOM21 NETWORK Total: 11,798.00 11,798.00 220.60 220.60 183.00 183.00 298.51 298.51 165.00 165.00 2,164.00 2,164.00 CONTRACTUALSERVICES 007586 02/15/2016 16.03 CONTRACTUALSERVICES 007586 02/15/2D16 7.27 CONTRACTUALSERVICES 007586 02/15/2016 7,26 Vendor MUNICIPAL COLLECTION SERVICES INC Total: 30.56 SUPPUES/VEHICLE REPAIRS 1/2016 02/15/2016 135.61 SUPPLIES/VEHICLE REPAIRS 1/2016 02/15/2016 2,262.45 SUPPUES/VEHICLE REPAIRS 1/2016 02/15/2016 864.34 SUPPLIES/VEHICLE REPAIRS 1/2016 02/15/2016 173.91 SUPPLIES/VEHICLE REPAIRS 1/2016 02/15/2016 306.18 SUPPLIES/VEHICLE REPAIRS 1/2016 02/15/2016 926.61 VEHICLE REPAIRS JAN 2016A 02/15/2016 159.87 VEHICLE REPAIRS JAN 2016A 02/15/2016 166.92 VEHICLE REPAIRS JAN 2016A 02/15/2016 260,43 Vendor NAPA AUTO PARTS MPEC Total: 5,256.32 2016 SUMMER CONF DUES 212/16 02/15/2016 550.00 Vendor NCISC Total: 550.00 PARKING LOT RENTAL MARCH MARCH 2O16 02/15/2016 500.00 Vendor NEUMANN 1R, EDWARD J Total: 500.00 REPAIRS -OIL TRANSFER PUMP 34071076 02/15/2016 45,72 Vendor NORTHERN TOOL &EQUIPMENT Total: 45.72 PARKS & REC INSTRUCTOR 10/3-11/14/15 02/15/2016 29.50 Vendor O,'CONNOR, MOLLY Total: 29.50 2/10/2016 2;36:24 PM Expense Approval Register Packet: APPKT00353 - LEGAL SERVICES -LABOR Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: OTTOSEN BRITZ KELLY COOPER & GILBERT LTD OTTOSEN BRITZ KELLY COOPER 100-01-5310 LEGAL SERVICES -LABOR 85019 02/15/2016 11746.00 Vendor OTTOSEN BRITZ KELLY COOPER & GILBERT LTD Total: 1,746.00 Vendon PADRO,ANN PADRO, ANN 100-41-3637 PARKS & REC REFUND 129446 02/15/2016 7.57 Vendor PADRO, ANN Total: 7.57 Vendor: PETERSON, DWAYNE PETERSON, DWAYNE 10047-5110 SOFTBALL UMPIRE FEES 1/18/1&2/1/16 02/15/2016 100.00 Vendor PETERSON, DWAYNE Total: 100.00 Vendor: PETROLIANCE LLC PETROLIANCE LLC 100-03-6250 VEHICLE FUEL 9742208 02/15/2016 28.80 PETROLIANCE LLC 100-22-6250 VEHICLE FUEL 9733257 02/15/2016 11634.99 PETROLIANCE LLC 100-03-6250 VEHICLE FUEL 9736350 02/15/2016 41.96 PETROLIANCE LLC 10D-45-6250 VEHICLE FUEL 9736353 02/15/2016 135.76 PETROLIANCE LLC 100-03-6250 VEHICLE FUEL 9738574 02/15/2016 17.68 PETROLIANCE LLC 10045-6250 VEHICLE FUEL 9738577 02/15/2016 194.15 PETROLIANCE LLC 100-45-6250 VEHICLE FUEL 9739887 02/15/2016 62.69 Vendor PETROLIANCE LLC Total: 2,116.03 Vendor: PETROW, STEPHANIE S PETROW, STEPHANIE S 10046-5110 PARKS & REC PROGRAM 1/27/16 02/15/2016 100.00 Vendor PETROW, STEPHANIE S Total: 100.00 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 100-22-4510 EMPLOYEE UNIFORM ALLOW 34913 02/15/2016 179.50 Vendor PETTIBONE & CO, P F Total: 179.S0 Vendor: PITEL SEPTIC INC PITELSEPTIC INC 10045-5110 PORTABLE TOILET RENTAL 12438 02/15/2016 75.00 Vendor PITEL SEPTIC INC Total: 75.00 Vendor: PROSAFETYINC PROSAFETY INC 100-33-6110 SUPPLIES 2/815980 02/15/2016 163.27 PROSAFETY INC 100-33-6110 SUPPLIES 2/816100 02/15/2016 312.42 PROSAFETY INC 510-35-6110 SUPPLIES 2/816780 02/15/2016 202.45 Vendor PROSAFETY INC Total: 678.14 Vendor: PSP-BROOKFIELD PSP-BROOKFIELD 100-33-5370 VEHICLE REPAIRS 31IVO26001 02/15/2016 86.52 Vendor PSP-BROOKFIELD Total: 86.52 Vendor: REWIAKO, RICHARD REWIAKO, RICHARD 100-22-5420 REIMB TRAVEL EXP INV0001624 02/15/2016 32.00 Vendor REWIAKO, RICHARD Total: 32.00 Vendor: REX AUTO BODY REX AUTO BODY 610-00-5980 VEHICLE REPAIRS 11031 02/15/2016 21628.59 Vendor REX AUTO BODY Total: 2,628.59 Vendor: RNOW INC k RNOW INC 510-35-6110 SUPPLIES 2106-49200 02/15/2016 520.16 Vendor RNOW INCTotal9 520.16 Vendor: SCHWEDA, SCOTT SCHWEDA, SCOTT 100-33-5430 REIMBTRAVELEXP INV0001575 02/15/2016 6.00 Vendor SCHWEDA, SCOTTTotal: 6.00 Vendor: SCS CASES SCS CASES 100-22-5370 VEHICLE REPAIRS 0077207AN 02/15/2016 51.76 -Vendor SCS CASES Total: 51.76 Vendor: SECRETARY OF STATE/INDEX DEPT SECRETARY OF STATE/INDEX 100-01-6940 NOTARY COMMISSION INV0001576 02/15/2016 10.00 Vendor SECRETARY OF STATE/INDEX DEPT Total: 10.00 2/10/2016 2:36:24 PM Expense Approval Register Vendor Name Vendor: SEXTON, ERIC M Account Number Description (Item) Payable Number Packet: APPKT00353 - REIMB TRAVEL EXP Post Date Amount SEXTON, ERIC M 100-22-5420 REIMBTRAVEL EXP INV0001625 02/15/2016 Vendor SEXTON, ERIC M Total: Vendor: SHAW MEDIA SHAW MEDIA 100-01-5330 LEGAL PUBLICATIONS 1/2016 02/15/2016 Vendor SHAW MEDIA Total: Vendor: SHERMAN MECHANICAL INC SHERMAN MECHANICAL INC 100-01-5110 CONTRACTUAL SERVICES W13825 02/15/2016 Vendor SHERMAN MECHANICAL INC Total: Vendor: SOUND OF MUSIC & VIDEO SYSTEMS SOUND OF MUSIC & VIDEO 400-00-8800 EQUIPMENT/SUPPLIES 2808 02/15/2016 Vendor SOUND OF MUSIC & VIDEO SYSTEMS Total: Vendor: ST PAULS EPISCOPAL CHURCH ST PAULS EPISCOPAL CHURCH 100-47-5110 PARKS & REC RENTAL JAN-FEB 2016 02/15/2016 Vendor ST PAULS EPISCOPAL CHURCH Total: Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 620-00-5110 IT/NETWORK 317459 02/15/2016 STANS LPS MIDWEST 620-00-5110 INTERNET SERVICES 317460 02/15/2016 STANS LPS MIDWEST 100-03-5110 COPY METER READING 317666 02/15/2016 Vendor STANS LPS MIDWEST Total: Vendor: STAPLES ADVANTAGE STAPLES ADVANTAGE 10040-6210 SUPPLIES 8037856747 02/15/2016 STAPLES ADVANTAGE 100-01-6110 SUPPLIES 8037856747 02/15/2016 STAPLES ADVANTAGE 100-00-6210 SUPPLIES 8037552139 02/15/2016 STAPLES ADVANTAGE 100-00-6210 SUPPLIES 8037744314 02/15/2016 STAPLES ADVANTAGE 100-01-6210 SUPPLIES 8037744314 02/15/2016 STAPLES ADVANTAGE 100-03-6210 SUPPLIES 8037744314 02/15/2016 STAPLES ADVANTAGE 100-22-6210 SUPPLIES 8037744314 02/15/2016 STAPLES ADVANTAGE 100-22-6210 SUPPLIES 8037744314 02/15/2016 STAPLES ADVANTAGE 100-30-6210 SUPPLIES 8037744314 02/15/2016 STAPLES ADVANTAGE 10D-45-6210 SUPPLIES 8037744314 02/15/2016 Vendor STAPLES ADVANTAGE Total: Vendor: STUCKEY CONSTRUCTION STUCKEY CONSTRUCTION 400-00-8200 MUNICIPALCENTER 1A 02/15/2016 STUCKEY CONSTRUCTION 400-00-8200 MCHENRY REC CENTER 10 02/15/2016 Vendor STUCKEY CONSTRUCTION Total: Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 10D-22-6310 TRAINING/BOARDING/5UPPLIE 17761 02/15/2016 Vendor TOPS IN DOG TRAINING CORP Total. Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 100-33-6110 SUPPLIES 85476 02/15/2016 TRAFFIC CONTROL & 100-33-6110 SUPPLIES 85537 02/15/2016 TRAFFIC CONTROL & 100-33-6110 SUPPLIES 85579 02/15/2016 Vendor TRAFFIC CONTROL & PROTECTION INC Total: Vendor: TRANE US INC TRANE USINC 100-01-5110 CONTRACTUAL SERVICES 36124957 02/15/2016 TRANE US INC 100-01-5110 CONTRACTUAL SERVICES 36153440 02/15/2016 Vendor TRANE US INC Total: Vendor: TREDROC TIRE/ANTIOCH 002 TREDROC TIRE/ANTIOCH 002 100-45-5370 VEHICLE REPAIRS 309293 02/15/2016 TREDROCTIRE/ANTIOCH 002 lOD 33-5370 VEHICLE REPAIRS 310300 02/15/2016 Vendor TREDROC TIRE/ANTIOCH 002 Total: Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRASTROBE 45&00-8300 CAPITAL EQUIP 070688 02/15/2016 ULTRA STROBE 450-00-8300 CAPITAL EQUIP 070702 02/15/2016 32.00 32.00 388.80 388.80 +df�4iI� 261.80 7,697.77 7,697.77 492.90 492.90 1,672.00 35.00 344.21 2,051.21 88.59 41.94 -30.00 -314.41 33.29 6.45 127.26 229.94 25.58 51.18 259.82 15,442.20 273,060.00 288,502,20 375.49 375.49 81.25 919.00 2,991.00 3,991.25 762.00 1,102.00 1,864.00 264.32 139.66 403.98 1,675.00 964.75 2/10/2016 2:36:24 PM Expense Approval Register Packet: APPKT00353 - REPAIRS Vendor Name Account Number Description (Item) Payable Number Post Date Amount ULTRA STROBE 100-22-5370 EQUIPMENT 070724 02/15/2016 391.75 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 3,031.50 Vendor: UNION PACIFIC RAILROAD CO UNION PACIFIC RAILROAD CO 270-00-8600 STREET PROGRAM 178815V 02/15/2016 3,288.31 Vendor UNION PACIFIC RAILROAD CO Total: %288.31 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 100-03-5110 CONTRACT 500-0302031 #53 INV0001577 02/15/2016 135,00 US BANK EQUIPMENT FINANCE 100-01-5110 CONTRACT 500-0389299 #25 INV0001578 02/15/2016 311.00 US BANK EQUIPMENT FINANCE 100-22-5110 CONTRACT 500-0401564 #21 INV0001579 02/15/2016 225.00 US BANK EQUIPMENT FINANCE 100-33-5110 CONTRACT500-0361445 #34 INV0001580 02/15/2016 9734 US BANK EQUIPMENT FINANCE 510-31-5110 CONTRACT500-0361445 #34 INV0001581 02/15/2016 9733 US BANK EQUIPMENT FINANCE 510-32-5110 CONTRACT 500-0361445 #34 INV0001581 02/15/2016 97.33 Vendor US BANK EQUIPMENT FINANCE Total: 963.00 Vendor: USA BLUEBOOK USA BLUEBOOK 510-35-6270 VEHICLE REPAIRS 856221 02/15/2016 896.18 USA BLUEBOOK 510-32-5375 EQUIPMENT REPAIRS 857900 02/15/2016 499.27 Vendor USA BLUEBOOK Total: 1,395.45 Vendor: VERIZON WIRELESS VERIZON WIRELESS 510-31-5320 CELL PHONE USAGE 1/4/1&2/3/16 02/15/2016 126.59 VERIZON WIRELESS 510-32-5320 CELL PHONE USAGE 1/4/1&2/3/16 02/15/2016 25482 VERIZON WIRELESS 100-01-5320 CELL PHONE USAGE 1/4/16-2/3/16A 02/15/2016 77,59 VERIZON WIRELESS 100-03-5320 CELL PHONE USAGE 1/4/16-2/3/16A 02/15/2016 104.98 VERIZON WIRELESS 100-22-5320 CELL PHONE USAGE 1/4/16-2/3/16A 02/15/2016 11187,97 VERIZON WIRELESS 100-30-5320 CELL PHONE USAGE 1/4/16-2/3/16A 02/15/2016 34.18 VERIZON WIRELESS 100-33-5320 CELL PHONE USAGE 1/4/16-2/3/16A 02/15/2016 146485 VERIZON WIRELESS 100-41-5320 CELL PHONE USAGE 1/4/1&2/3/16A 02/15/2016 7.90 VERIZON WIRELESS 100-45-5320 CELL PHONE USAGE 1/4/1&2/3/16A 02/15/2016 34.18 VERIZON WIRELESS 100-46-5320 CELL PHONE USAGE 1/4/16-2/3/16A 02/15/2016 0.43 VERIZON WIRELESS 10047-5320 CELL PHONE USAGE 1/4/16-2/3/16A 02/15/2016 0.23 VERIZON WIRELESS 620-00-5320 CELL PHONE USAGE 1/4/16-2/3/16A 02/15/2016 42,96 VERIZON WIRELESS 100-33-5320 CELL PHONE USAGE 1/4-2/3/16 02/15/2016 25.82 VERIZON WIRELESS 510-31-5320 CELL PHONE USAGE 1/4-2/3/16A 02/15/2016 68.59 VERIZON WIRELESS 510-32-5320 CELL PHONE USAGE 1/4-2/3/16A 02/15/2016 25405 VERIZON WIRELESS 510-35-5320 CELL PHONE USAGE 1/4-2/3/16A 02/15/.2016 76,02 Vendor VERIZON WIRELESS Total: 1,985.16 Vendor: VERMONT SYSTEMS INC VERMONT SYSTEMS INC 100-41-6110 SUPPLIES 49582 02/15/2016 4,092.90 Vendor VERMONT SYSTEMS INC Total: 4,092.90 Vendor: WASTE MANAGEMENT OF WI PHEASANT RUN RDF WASTE MANAGEMENT OF WI 510-32-5580 SLUDGE REMOVAL 0029870-2742-8 02/15/2016 11,967.68 Vendor WASTE MANAGEMENT OF WI PHEASANT RUN RDF Total: 11,967.68 Vendor: WASTE MANAGEMENT WASTE MANAGEMENT 100-01-6110 REFUSE STICKERS 3274674-2013-6 02/15/2016 3,850.00 Vendor WASTE MANAGEMENT Total: 3,850.00 Vendor: WATER SOLUTIONS UNLIMITED WATERSOLUTIONS UNLIMITED 510-31-6110 SUPPLIES 38295 02/15/2016 5,300.00 Vendor WATER SOLUTIONS UNLIMITED Total: S,300.00 Vendor: WITT, CINDY WITT,CINDY 100-41-5420 REIMBTRAVELEXP INV0001582 02/15/2016 102.43 Vendor WITT, CINDY Total: 102.43 Vendor: ZINANNI, VICKIE ZINANNI, VICKIE 100-2241 STANDARD LIFE CREDIT INV0001583 02/15/2016 22.08 Vendor ZINANNI, VICKIE Total: 22.08 Vendor: ZUKOWSKI ROGERS FLOOD & WARDLE ZUKOWSKI ROGERS FLOOD & 100-01-5230 LEGAL FEES -CORPORATE 118152 02/15/2016 4,112.50 ZUKOWSKI ROGERS FLOOD & 100-01-5230 LEGAL FEES -TRAFFIC 118154 02/15/2016 81258,24 ZUKOWSKI ROGERS FLOOD & 740-00-5230 LEGAL FEES-MCHENRY 118155 02/15/2016 145,00 2/10/2016 2;36:24 PM Expense Approval Register Vendor Name ZUKOWSKI ROGERS FLOOD & ZUKOWSKI ROGERS FLOOD & ZUKOWSKI ROGERS FLOOD & ZUKOWSKI ROGERS FLOOD & ZUKOWSKI ROGERS FLOOD & ZUKOWSKI ROGERS FLOOD & Packet: APPKT00353 - LEGAL FEES-JESCHKE Account Number Description (Item) Payable Number Post Date Amount 740-00-5230 LEGAL FEES-JESCHKE 118158 740-00-5230 LEGAL FEES -FIRST MIDWEST 118159. 740-00-5230 LEGALFEES-FOSSLER 118160 740-00-5230 LEGAL FEES-DHB REAL EST 118161 740-00-5230 LEGAL FEES-AMERICAN 118162 740-00-5230 LEGAL FEES -TOWN & COUNTRY 118163 02/15/2016 362.50 02/15/2016 362.50 02/15/2016 362.50 02/15/2016 362.50 02/15/2016 362.50 02/15/2016 435.00 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total1 14,763.24 Grand Total: 584,868.22 2/i.0/2016 2:36:24 PM Expense Approval Register Fund Summary Fund Expense Amount 100 - GENERAL FUND 114,630.39 210 - BAND FUND 683.32 225-ALARM BOARD FUND 1,889.00 270- MOTOR FUEL TAX FUND 15,468.12 280- DEVELOPER DONATION FUND 48,946.00 400- RECREATION CENTER FUND 311,979.98 440-CAPITAL IMPROVEMENTS FUND 966.00 450 - CAPITAL EQUIPMENT FUND 2163935 510 - WATER/SEWER FUND 69,066.99 610 - RISK MANAGEMENT FUND 2,657.59 6 !0 - INFORMATION TECHNOLOGY FUND 10,173.58 740 - RETAINED PERSONNEL ESCROW 5,317.50 760 - POLICE PENSION FUND 450.00 Grand Total: 584,86812 Packet: APPKT00353 - LEGAL FEES -TOWN at COUNTRY Vendor Name McHenry, IL Account Number Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 100-33-5370 Vendor: ADAMS STEEL SERVICE INC ADAMS STEELSERVICE INC 100-33-5370 ADAMS STEEL SERVICE INC 510-35-5370 ADAMS STEEL SERVICE INC 100-33-5370 Vendor: BUSS FORD SALES BUSS FORD SALES 100-33-5370 BUSS FORD SALES 100-33-5370 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 100-33-6110 CRESCENT ELECTRIC SUPPLY CO 100-33-6110 Vendor: DULTMEIER SALES INC DULTMEIER SALES INC 100-33-5370 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 510-32-5370 INTERSTATE BILLING SERVICE 510-32-5370 INTERSTATE BILLING SERVICE 100-33-5370 INTERSTATE BILLING SERVICE 100-33-5370 Vendor: KIMBALLMIDWEST KIMBALLMIDWEST 100-33-5370 Vendor: LEACH ENTERPRISES INC LEACH ENTERPRISES INC 100-33-5370 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 100-33-5370 Vendor: MEADE INC MEADEINC 100-33-6110 MEADE INC 100-33-6110 Vendor: METRO DOOR AND DOCK INC METRO DOOR AND DOCK INC 100-33-5115 Vendor: METROPOLITAN INDUSTRIES METROPOLITAN INDUSTRIES 510-32-5380 Vendor: MEYER MATERIAL COMPANY MEYER MATERIAL COMPANY 510-35-6110 Vendor: MOBILE FLEET SERVICES INC MOBILE FLEETSERVICES INC 100-33-5370 Expense Approval Register LIST OF BILLS #2 COUNCIL MEETING 2-1546 Description (Item) Payable Number Post Date Amount brake cables 774228 02/10/2016 9,58 Vendor ADAMS ENTERPRISES INC, R ATotal: 9.58 truck repair 330348 02/10/2016 31,11 truck repair 330398 02/10/2016 6.57 welding gas 330495 02/10/2016 102.14 Vendor ADAMS STEEL SERVICE INC Total: 139.82 running board 50199211 02/10/2016 348,84 trans filter 50200571 02/10/2016 43.84 Vendor BUSS FORD SALES Total: 392.68 breakers S501630413.001 02/10/2016 34.78 lights pw building S501631552.001 02/10/2016 96.56 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 131.34 pump 3161009 02/10/2016 427.18 Vendor DULTMEIER SALES INC Total: 427.18 airtanl< 3001502326 02/10/2016 512.49 Guard 3001508572 02/10/2016 95.81 ends 3001536040 02/10/2016 188.56 Harness 3001536052 02/10/2016 96.38 Vendor INTERSTATE BILLING SERVICE INCTotal: 893.24 shop supplys 4694998 02/10/2016 370.89 Vendor I<IMBALI MIDWESTTotal: 370.89 electric plug 883463 02/10/2016 16.38 Vendor LEACH ENTERPRISES INCTotal: 16.38 air filter 11039979 02/10/2016 78.98 Vendor MCCANN INDUSTRIES INCTotal: 78.98 Traffic light repair 672248 02/10/2016 144.18 Traffic light repair 672249 02/10/2016 144.18 Vendor MEADE INC Total: 288.36 Service for SE door at 1415 51695 02/10/2016 226.50 Vendor METRO DOOR AND DOCK INCTotal: 226.50 Service call N.Riverside Lift 0000305572 02/10/2016 11840.00 Vendor METROPOLITAN INDUSTRIESTotal: 1,840.OD wash stone and FM 2 sand 705958703 02/10/2016 451.81 Vendor MEYER MATERIAL COMPANYTotal: 451.81 truck repair 15726 02/10/2016 11264.50 Vendor MOBILE FLEET SERVICES INCTotal: 1,264.50 2/10/2016 2:31:51 PM Expense Approval Register Vendor Name Vendor: PETROLIANCE LLG PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC Account Number 510-35-6250 510-32-6250 510-31-6250 100-33-6250 510-35-6250 510-32-6250 510-31-6250 100-33-6250 510-32-6250 100-33-6250 100-33-6250 510-32-6250 510-31-6250 Vendor: REICHE'S PLUMBING SEWER RODDiNG CORP REICHE'S PLUMBING SEWER 510-31-5110 Vendor: ROGERS, MATT ROGERS, MATT Vendor: SCHEEL, BRYAN SCHEEL, BRYAN 100-33-4510 510-31-4510 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 510-35-6110 Vendor: WATER PRODUCTS -AURORA WATER PRODUCTS -AURORA 100-33-6110 Vendor: WELCH BROS.INC WELCH BROS INC 100-33-6110 Description (Item) Weekly fuel bill Weekly fuel bill Weekly fuel bill Weekly fuel bill fuel fuel fuel fuel fuel fuel 15W40 oil Fuel fueI Payable Number 9736325 9736351 9736352 9736354 9738548 9738575 9738576 9738578 9739886 9739888 9740221 9742209 9742210 Packet; APPKT00358 - Weekly fuel bill Post Date 02/10/2016 02/10/2016 02/10/2016 02/10/2016 02/10/2016 02/10/2016 02/10/2016 02/10/2016 02/10/2016 02/10/2016 02/10/2016 02/10/2016 02/10/2016 Vendor PETROLIANCE LLC Total: 1620 Beach -Plumbing Repairs 1/7/17 02/15/2016 Vendor REICHE'S PLUMBING SEWER RODDING CORP Total: DTG5A tool for Matt INV0001632 02/15/2016 Vendor ROGERS, MATT Total: Amount 50.05 322.53 209.37 695.79 157.57 119.30 123.80 1szs7 16D.65 455.09 2,533.41 247.08 83.38 5,310.69 140.00 140.00 89.95 89.95 Clothing Allowance -Scheel INV0001633 02/15/2016 106.84 Vendor SCHEEL, MAN Total: 106.84 Slow sign for bus 85563 02/15/2016 47.95 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 47.95 Service Charge sc19566 02/15/2016 2.59 Vendor WATER PRODUCTS - AURORA Total: 2.59 skid of concrete block 578611 02/15/2016 205.20 Vendor WELCH BROS INCTotal: 205.20 Grand Total: 120434.48 2/10/2016 2;31:51 PM Expense Approval Register Fund 100-GENERAL FUND 510-WATER/SEWER FUND no Summary Grand Total: Expense Amount 7,7S9.28 4,675.20 12,434.48 Packet: APPKT00358 - skid of concrete block Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us AGENDA SUPPLEMENT DATE: February 15, 2016 T0: Mayor and McHenry City Council FROM: Jon M. Schmitt, Director of Public Works RE: Committee Recommendation: Honorary Street Sign Application for Rose Ann Guerin ►niF.mi1 ATT: 1) Application with Additional Information 2) Resolution ANALYSIS: Attached is an honorary street sign application for Rose Ann Guerin Walsh submitted by Judy Walsh Smith. The honorary street sign is proposed at the intersection of John Street and Center Street. Mr. and Mrs. Walsh moved to Center Street in the 1940's. Ms. Smith states on the attached application that her mother was the first home visiting nurse in McHenry and would snowplow her way to the homes of the patients she took care of. A few examples of Mrs. Walsh's service to the community include working at the McHenry Medical Group, cooking and delivering food to people in need through Meals on Wheels. She also read to the And, was involved in obtaining signatures for a petition to build Edgebrook School, worked at the children's summer camp at Pistakee Bay and served on the Boards of Family Service for McHenry and Lake County. On February 1, 2016, the Public Works Committee unanimously recommended approval of this designation. Attached for the Council's consideration is the application from Judy Walsh Smith, and the Resolution designating the intersection of John Street and Center Street as Honorary Rose Ann Guerin Walsh Way. RECOMMENDATION: If Council concurs, then it is recommended a motion be considered to approve the attached Resolution request as presented. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. APPLICANT NAME: _ K dS V� f3 lv C�ci<R,iw CuJiL5%*/ PHONE NO.:S�f 5'�ii�'7 ��_ ADDRESS:Rw�c� �-�- m.C1�e�I1L�r NAII'IE OF IIONOREE: {as it ��ould ni�i�ear on sign) W s y EXISTING STREET NAME C -4e iV'f e yL ST tEl SIGN LOCATION (littersectio»): L eL%Lr"` CRITERIA FOR DESIGNATION PLEASE COi�'IPLETE THE FOLLO'4VING CRITERIA, tiVHICH ARE USED IN TILE EVALUATION FOR EACH RI±QUriST FOR -AN IIONORARY STREET SIGN. USE ADDITIONAL PAPER IF REQUIRED. IN ADDITION, HONORER; MUST BE OF GOOD MORAL CHARACTER. HISTORICAL AND/OR CULTURAL INFLUENCE OF THE HONOREE ON THE CITY: i'Yl `1 fYl o trV d ' A N 0 G t-t .-eG!l tV ( O►} Ls-f) s Th-e �j �� �- GUa ��'-•t' cl PROVH)E PROOF OF SIGNIFICANT LIIlTEAGE OR FAi1'IILY TIES TO THE CITY: y PAM v e <P � t� rn�I f) A tyO r iYt o �'►'► , L r'►-t a it-e �0 F Ali,! �f i N T lu JV-/v ►/y, y ih s`,n te b cj�wj ESTABLISH CLEAR GEOGRAPHICAL RELATIONSHIP OF STREET TO THE AREA OF INTERESTI F THE / AP PLIC ANT: oro q o 70 poo�t t -)V IV Guts p Lt i;- tM 13Af?Y s'mid f` L qp Oct R-Lsv CN1Ie. o' LUA(+eV- CA�11 - 2 PAT �.-1- his f}. �, � � I r►� r� , ..4iv r,0 U ct t PRbpL.�. ! CLEARLY DEFINED COMMUNITY OR PUBLIC CONTRIBUTION MADE BY THE HONOREE. YYi mom . w a r1, e,�-�e (!o P T�h �n� � i k oprQ,� ��ys c � h�fZ ��1>;• �+ y ,.:��`�"j ���1�" sir'-�-�'"1 •� Gf4 -Q ! 1 Yb u �' '�" a �, i9.2r L �+--� P:•. fia l �l m.d.m January 29, 201G Rose Ann Guerin Walsh March 191 1915 —May 180 19$9 When she graduated from Nursing School at St. Theresa, Waukegan, IL. she was too young and had to wait a year, before she could take her State Board. School. First Visiting Nurse in McHenry County. Mentor for Jenny Williams, got her into Nursing in fihe 1950's drove a widow to California to start a new life. Women in those days didn't drive or do those things at that time. Started to work in 1955 pr 1956 at the McHenry Medical Group. "'- She had her Meals on Wheels. She would cook and deliver meals to people in need. Would read to the blind, Mrs. Fred Menappi was one person and also people at the Nursing Home. Helped many people in our Community. Worked all night alone as a nurse in the Woodstock Hospital with the doors open and never locked. Worked at a mink ranch to help clear up an outbreak of head lice. Helped a lady whose husband passed away make funeral arrangements. The Funeral Director, made it where she couldn't afford it. My mom told them to start it over because it was too expensive, the lady couldn't afford it. Worked on the March of Dime Drive. Worked on getting people to sign a petition to bulld Edgebrook, when her children went to Catholic School. She would visit the sick and see what they needed, medical or food, and helped them out in hard times. Helped out at school and church {Mothers Club St. Patrick's). Worked out at kids Summer Camp at Pistakee Bay. Served on the Board of Family Service far McHenry &Lake County. Worked for the Crisis Line and answered phones and advised them regarding their problems. Our home was an open door. If someone was going to be along they would come for dinner. Mom would say, I wonder just how many have sat at our dining room table. She had four children and they are a(I in public service. Two worked in the Medical Field. A son, who is an ER doctor and still working. A daughter in the Dental Field. A daughter a Social Worker. A daughter worked as a Community Service Officer. RESOLUTION NO. R-16-002 A RESOLUTION DESIGNATING THE INTERSECTION OF JOHN STREET AND CENTER STREET AS "HONORARY ROSE ANN GUERIN WALSH WAY" IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City Council has established the Honorary Street Sign Policy and Program to honor individuals from the City of McHenry who have contributed significantly to the City of McHenry or our society in general through cultural, historical or humanitarian acts; and WHEREAS, the City Council has considered the evidence and recommendation and finds the application for an Honorary Street Designation for Rose Ann Guerin Walsh at the intersection of John Street and Center Street is consistent with the criteria set forth in the Honorary Street Sign Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION l : That the intersection of John Street and Center Street be granted the Honorary Street Designation of "Honorary Rose Ann Guerin Walsh Way." SECTION 2: That an honorary street sign entitled "Honorary Rose Ann Guerin Walsh Way" shall be posted at the intersection of John Street and Center Street SECTION 3: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Dated this 15th day of February 2016. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: ATTEST: City Clerk Mayor Office of the City Administrator Derik Morefield, City Administrator 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us AGENDA SUPPLEMENT DATE: February 155 2016 TO: Mayor and City Council FROM: Derik Morefield, City Administrator RE Class A Liquor License for Venus, Inc. d/b/a My Place Bar & Grill, 4621 West Elm Street and Ordinance increasing number of Class A licenses in effect from 23 to 24 ATT: Letter of Request Restaurant Menu Application Ordinance Mr. Vinod Mangukiya, President of Venus, Inc. has purchased the former Fox Garden Cafe building located at 4621 West Elm Street and intends to open a restaurant called My Place Bar & Grill. Mr. Mangukiya has owned and operated a restaurant bearing the same name in Rockford, IL successfully for the past eight years. My Place Bar & Grill will offer alcohol with bar and table service, full menu including appetizers and dinner entrees, and video gaming. Mr. Vinod anticipates opening the business after building renovations have been completed sometime in April of this year. The restaurant will open seven days a week at 11:00 AM; closing Sunday through Thursday at 1:00 AM and Friday and Saturday at 2:00 AM. Mr. Vinod's prints are on file with McHenry Police, all required paperwork has been submitted, and all fees have been paid. The owner is BASSET certified. If Council concurs, then it is recommended a motion is made to 11 grant a Class A liquor license to Venus, Inc. d/b/a My Place Bar &Grill with the condition that all employees involved in the retail sale of alcohol obtain Beverage Alcohol Sellers and Servers Education and Training Certification; and 2) Ordinance amending Municipal Code Chapter 4, Sec. 4- 6 (1) increasing the number of Class A liquor licenses in effect 23 to 24. The City of McHenry is dedicated to providing its citizens, businesses, and vis/tors with the highest quality of programs and services in acustomer-oriented, efficient, and ftscally responsible manner. 22/01 /2016 Susan E. Low City of McHenry 333 South Green Street McHenry, U60050 Re: Liquor license application for 4621 w elm st. McHenry IL 50050 Dear Mayor Susan. I am Vinod Mangukiya own Venus Inc. DBA Myplace Bar and Grill in Rockford Illinois. We have been running business for last eight years successfully and responsibly. We have purchased property 4621 W Elm st. McHenry IL 60050 to open other location. We serve food , alcohol spirits, beer and wine with video gambling. For your reference I am attaching Rockford location menu. We like to use the same concept in McHenry location with some new food and more craft beer and wines with video gaming. Thank you in advance for anything you may be able to do to assist me with this matter. r Vinod Mangukiya Venus,inc APPETIZERS My ESCAR40T (6) BAKED WITH GARLIC BUTTER SAUCE AND BLEU CHEESE.. My ftTICHOKE SPINACH Dlp A CREAMY BLEND OF ARTICHOKE & SPINACH, SERVED WITH TORTILLA CHIPS. �Up FRIM MINION STRAWS BATTERED ONION STRAWS FRIED GOLDEN BROWN, SERVED WITH RANCH DRESSING. 7,9) TEMPURA SHRIMP (6) 6.95 SIX JUMBO SHRIMP IN A TEMPURA BATTER, FRIED GOLDEN BROWN, SERVED WITH ATHAI CHILI DIPPING SAUCE. MNi TACos ha) TEN BITE SIZED MINI CHICKEN TACOS FRIED GOLDEN BROWN, SERVED WITH SOUR CREAM & SALSA. CHEESE STICKS (S) BREADED &DEEP FRIED, SERVED WITH MRINARA SAUCE. My YEfiETAbIE SAMOSA (4) cMEDIUM SPICED MASHED POTATOES WRAPPED IN A FLOUR TORTILLA DEEP FRIED, SERVED WITH A SWEET & SOUR CHUTNEY. CHEaaAR BROCCOLI .BACON BITES (S) BREADED, WITH YOUR CHOICE OF DIPPIN&SAUCE. (RANCH, HONEY MUSTARD, BBQ OR MRINARA) �AaEa FRiEs FRENCH;FRIES PILED HIGH WITH ONION, JALAPENOS, TOMATOES & NACHO CHEESE. POTATO SkiNS (S) BAKED WITH�CHEDDAR CHEESE & BACON, SERVED WITH SOUR CREAM, CHICkEN TENdERs (3) FRIED GOLDEN BROWN, SERVED WITH FRIES AND CHOICE 'OF DIPPING SAUCE. (BBQ, HONEY MUSTARD, RANCH OR MRINARA) CHEf's SOUP Of THE DAy Cup BOWL 3.95 3.95 My CHIUMN VIM IIIA 7.95 SAUTEED CHICKEN, GREEN PEPPERS, ONIONS &CHEDDAR CHEESE IN A GRILLED CHEDDARTORTILLA, SERVED WITH SOUR CREAM & SALSA. My BRUSCHErrA WITH PROVOLONE & TOMATO BASIL BRUSCHETTA ON TOASED BREAD. BONELESS. BUffAlO WiN�s (6) WITH CHOICE OF DRESSING. BREAdEa MUSHROOMS 3,95 FRIED AND SERVED WITH RANCH DRESSING. My GARLIC BREAa FRENCH BREAD TOASTED WITH GAR 3�95 BUTTER, SERVED WITH M RINARA. LIC & CHEaaAR CHEESE CURdS 4,95 WITH CHOICE OF DIPPING SAUCE. (BBQ, honey mustard, RANCH OR MARINARA) HOS CHICKEN Q CHEf'S SpICy CHa NAC 4, / ONIONS, JALLAPENOS, NACHO CHE SHOS LOADED WITH E'SALSA AND SOUR CREAM. My HOT WiNgs (6) 3.IE& TOSSED IN MEDIUM, HOT OR 95 FIR 3.95 The Illinois meat, poultry Department of Public Health advises that eating raw or undercooked , eggs or seafood poses a health risk to everyone, but especially to the elderly, young children under age 4, pregnant women and other highly susceptible individuals with compromised immune systems. Thorough cooking of such animal foods reduces the risk of illness. My HOMEMAaE CHlps PLAIN, CHEDDAR,BBQ OR HOT. My GARLIC BUTTER LINfjU1NE LINGUINE NOODLES IN A CREAMY GARLIC BUTTER SAUCE, SERVED WITH GARLIC BREAD. 5.95 3.95 3:95 2.95 3.95 3.95 2.95 3,95 APPETIZER PLATTER 9.95 A COMBINATION OF BONELESS• BUFFALO WINGS; CHEESE STICKS, BREADED MUSHROOMS & MINI TACOS, SERVED WITH DIPPING SAUCES. SERVED WITH YOUR CHOICE OF FRIES, COTTAGE CHEESE OR COLE SLAW. GlillEd CHickEN BRUSchmA GRILLED CHICKEN TOPPED WITH TOMATO BASIL BRUSCHETTA & PROVOLONE. 7095 BUckENEd STEAk My REubEN 7.95 ROASTED CORNED BEEF, SWISS, SAUERKRAUT & 1000 ISLAND DRESSING, SERVED ON TOASTED MARBLE RYE. My Pock Chop 6 oz. .BUTTERFLIED-PORK CHOP WITH PEPPER JACK, ROASTED RED PEPPERS, AND GRILLED ONIONS. CRISPY UNICKEN CRISPY CHICKEN TOPPED WITH BACON, SWISS & HONEY MUSTARD DRESSING. 7.95 TuRkEy Club 6.95 SLICED TURKEY BREAST, LETTUCE, SWISS, TOMATOES, BACON & MAYO ON TOASTED 1.WHEAT BREAD. ITA�AN BEEF ''� 1.95 THIN SLICED BEEF WITH ITALIAN SEASONINGS, TOPPED WITH PROVOLONE, SERVED ON A HOAGIE ROLL. My SIrAVEd PRIME Rib 9.95 SERVED WITH SAUTEED ONIONS, MUSHROOMS AND'AUJUS: CIIIckEN CAESAR 6 oz. RIBEYE CAJUN SEARED WITH ONION STRAWS. 9.95 MY FRiEd TI�ApIA 6.9� A GENEROUS SERVING OF FRIED TILAPIA FILET, TOPPED WITH COLE SLAW. Pol[Ed PoRk 5.95 SHERREDED PORK COVERED WITH BBQ SAUCE, CHEDDAR AND ONION STRAWS. BIACkENEd CiICCI(EN CAJUN SEARED CHICKEN BREAST TOPPED -WITH PROVOLONE AND BLED CHEESE DRESSING ON A KAISER ROLL. WRAPS SERVED WITH YOUR CHOICE OF FRIES, COTTAGE CHEESE OR COLE SLAW. 6.95 ROMAINE:LETTUCE, CHICKEN, PARMESAN CHEESE, TOMATOES, & CREAMY-CAESAR DRESSING WRAPPED IN A HERB TORTILLA. BuFfAlo CHckEN 6.95 CRISPY BUFFALO STYLE CHICKEN WRAPPED IN A CHEDDAR TORTILLA WITH ROMAINE LETTUCE, TOMATOES, & BLUE CHEESE DRESSING. STEAk EYE STEAK RIB, ONION, MUSHROOMS, - TOMATOES, ROMAINE LETTUCE.& PROVOLONE. TuRkEy BACON 6.95 CHOPPED TURKEY & BACON WRAPPED IN A CHEDDAR TORTILLA WITH ROMAINE LETTUCE, TOMATO & RANCH DRESSING. 8 oz CHOICE RIBEYE SMOTHERED IN SAUTEED MUSHROOMS, SERVED WITH YUKON-GOLD MASHED POTATOES &FRESH VEGGIES. DICED BONELESS CHICKEN COOKED IN A CREAM BASED CURRY WITH MEDIUM SPICES, TOMATOES, & ONIONS SERVED'WITH A SOFT PARATHA & BASMATI RICE.. WITH MON COMPLIMENTED WITH A LEMON BUTTER SAUCE SERVED RICE &FRESH VEGGIES. PLACE CIIICI(EN LINfjUIHE 9.95 LINGUINE WITH,CREAMY GARLIC`BUTTER SAUCE, TOPPED WITH GRILLED OR BLACKENED CHICKEN & PARMESAN CHEESE, SERVED WITH GARLIC BREAD. M'y BIACkENEa SALMON A�FREdO 9.95 LINGUINE TOSSED WITH FRESHLY MADE -BASIL ALFREDO SAUCE, TOPPED WITH BLACKENED SALMON &SERVED WITH GARLIC BREAb. 1clAHdic�Cod -F�iEd 9.95 DEEP FRIED COD SERVED WITH SEASONED FRIES &'FRESH VEGGIES. r�tA�a�� coa . BAkEa ���� 995 BAKED COD TOPPED WITH A LEMON DILL BUTTER -SAUCE SERVED WiTH'RICE &FRESH VEGGIES. TORTE�LINI F�ORENTINE - 6.95 .CHEESE TORTELLINI TOSSED WITH'SPINACH FLORENTINE &FRESH TOMATOES AND MUSHROOMS, SERVED WITH GARLIC BREAD ADD CHICKEN $.3.00 ADD SALMON'$4:00 9 INC{I PERSONA PIZZA S.9S CHOOSE THREE (3) TOPPINGS: SAUSAGE, PEPPERONI, BACON, BLACK OLIVE, GREEN PEPPER, MUSHROOM, JALAPENO, TOMATO, ONION &GARLIC. TwiN PoRk CHops 9.95 WRAPPED IN $ACON � TOPPED WITH BRUSCHETTA ON TOP OF SPINACH FLORENTINE SERVED WITH MASHED POTATOES AND FRESH VEGGIES. �ilApiA FRANCESE 9:95 EGG PARMESAN BATTERED TILAPIA WITH LEMON TARRAGON BUTTER SAUCE, SERVED WITH WILD RICE AND FRESH VEGGIES. HoNEy BouRboN BBQ Pork Chops 995 .PORK -CHOPS GLAZED WITH'OUR HOMEMADE HONEY BOURBON BBQ SAUCE SERVED ON ONION STRAWS, WITH FRESH VEGGIES AND MASHED POTATOES. 'MESQUITE CIIICIEEN 895'` HICKORY_SMOKED BBQ CHICKEN.MEDALLIONS SERVED ON ONION STRAWS, WITH FRESH VEGGIES AND MASHED POTATOES. License No. Date Issued Date Effective NAME OF BUSINESS, ADDRESS, &TELEPHONE #.: 1 2. 3. 5. 6. F Q 9. CITY OF MCHENRY APPLICATION FOR LIQUOR LICENSE UNDER CITY OF MCHENRY LIQUOR CONTROL ORDINANCE FISCAL YEAR 2015/2016 TO BE FILED WITH THE OFFICE OF THE MAYOR ALL LICENSES EXPIRE APRIL 30 FOLLOWING DATE OF ISSUANCE 0 i L~- Fee Received Date Received Receipt Issued On Check No. Cashier's Chk. Cert. Check Cash Please indicate form of ownership: CORPORATION �� PARTNERSHIP INDIVIDUALISOLE PROP. IF CORPORATION: �� Corporation Name: Corporate Address: Corporate Phone Number: State of Incorporation: IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number: State of Incorporation: IF INDIVIDUAL/SOLE PROP: Applicant's Full Name: Date of Birth: Residence Address: VA 0 - Home Phone: K, Citizen of U.S.? If a naturalized citizen, when and where naturalized?^l Court in which (or law under which) naturalized: (A) If Applicant is a PARTNERSHIP, give name and address of all partners holding 5% or more of the partnership interest: (B) If Applicant is CORPORATION, give name, address and telephone number of owners holding 5% or more shares and registered agent: 2012 PAGE TWO 10. If Applicant and Local Manager are not the same, give name, address and telephone number of Local Manager: � v' 11 Local Manager's: Date of Birth: Principal Type of Business: F0 O° C1 c, co1(01 Place of Birth: r I ri )-s 12. What is current zoning for this property? 1rNi 1 e—CLA 13. Type of License Sought: 14. Date on which business was begun at this location: Citizen of U.S.? et,trx, Oink 15. Does applicant own premises for which license is sought? If not, state name and address of owner and attach copy of executed lease. 16. If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except institutions of higher education), hospital, home for aged or indigent persons or for veterans and their families or any military or naval station? 0 ® . A. If answer to the above is "YES", is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? If yes, how long has place of business been in operation? 18. !f applicant has ever engaged in the tt business or saleof alcoholic liquor at retail, list address of all locations (may aach supplemental sheet). 19. Illinois State Liquor License Number: A A c Q So 6 6d Attached copy ofeS�tate Liquor License Certificate. 20. Give applicant's Retailer's Occupational tax (ROT) Registration Number: I S _ I 21. Are you delinquent in the payment of the Retailer's Occupational Tax (Sales Tax), and if so, the reasons therefore: Iv � 22. If this application is for a new license or a transferred license, attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years, or if not available, other proof of financial responsibility. 23, State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be sold for the duration of the license AND attach a copy of the declaration page showing the insured parties and amounts of coverage. rid 24. Describe parking facilities available to the business: ' PUYVI�Vk%94 i cw �� 25. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? E5 26. Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? 27. Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? � `= 28. Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? If answer is "YES", give particulars: , 29. Nave you, or in the case of a corporation, the owners of 5% or more shares of the corporation or the loc�� manager, or in the case of partnership, any of the partners, ever been convicted of any violation of any law pertaining to alcoholic liquors? 11VV answer is "YES", explain: 3U. Have you, or in the case of a corporation, the owners of 5% or mare shares of the carporation an die local manager, or in the case of a partnership, any of the partners, ever been convicted of either a felony or a misdemeanar? �° If so, please describe: 31. Is any individual who is directly or indirectly interested in applicant's place of Pusiness, alaw-enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? IV Q If so, please state name and address of such person: 2012 ,PAGE T=HREE 32. List your occupation or employment with addresses thereof for the past 10 years (if partnership or corporation, list same information for each partner and the local manager — (please attach). 33. Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? N d If so, give all details: 34. Has any owners) or members) of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (20) percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? N 35. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? J9 's6. Have, you, or any partner, or owner of 5% or more shares of the corporation or local manager, ever had a liquor license revoked or suspended? 37. If so, give all details, including location of the licensed property {please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. d+lo person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of Al consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m. to 4:30 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or (b) alcoholic beverages. in non -original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. F. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2012 ?AvEFuUR AFFIDAVIT STATE OF ILLINOIS ) ) ss COUNTY OF MCHENRY ) 1, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title CORPORATION: (Authorized Agent of the C MANAGER: Subscribed and sworn to before me this NOTARY PUBLIC Subscribed and sworn to before me this NOTARY PUBLIC �`•-- L SEAL ® ` i)FF�CM Geraghty Su cribed and sworn to befo a me this Marcia grate of Illinois d� ��� � („ . ® public, 18 day of , 20 i' e tvotaN fission Expires os1241 NOTARY PUBLIC Signature of Local Manager Print Name Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC 2012 ORDINANCE NO. MC464124 AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 4, SECTION 4-6(1) INCREASING NUMBER OF CLASS A LIQUOR LICENSES IN EFFECT FROM TWENTY-THREE (23) TO TWENTY-FOUR (24) (MY PLACE BAR & GRILL) WHEREAS, the City of McHenry, McHenry County, Illinois, Da home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1: Section 4-6(1) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class "A" Liquor Licenses from twenty-three (23) to twenty-four (24). SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5.: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this 15th day of February 2016 Voting Aye: Voting Nay: Absent: Not Voting: Abstaining: ATTEST: City Clerk Mayor DATE: TO: FROM: RE: ATTACHMENTS: Office of the City Administrator Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us AGENDA SUPPLEMENT February 15, 2016 Mayor and City Council Derik Morefield, City Administrator Bill Hobson, Deputy City Administrator John Jones, Police Chief Budget Amendment and Police Administration and Communications Center Design Professional Services Agreement Cover Letter FGM Architects — 2/2/16 Proposal for Architectural Services — FGM Architects Detailed Cost Estimate The purpose of this agenda item is for the approval of a budget amendment and a Professional Services Agreement with FGM Architects for construction design services for the relocation of Police Administration and expansion of the existing dispatch center; for selection and procurement services related to furniture acquisition for the spaces; and, audio-visual consulting services related to the expansion. BACKGROUND/INTRODUCTION Dispatching services and local dispatch centers have been the source of much discussion here at the City of McHenry, in McHenry County and on the state level recently. Mandatory consolidation by July of 2017 has forced existing dispatch centers and dispatch center customers to evaluate the dispatching needs of their respective communities. Even prior to this mandatory consolidation effort (approximately six (6) years ago) the City of McHenry conducted its own evaluation of dispatch services, including potential outsourcing, and chose the path of maintaining and expanding its existing dispatch center. This decision has since resulted in the development of dispatch service agreements with other jurisdictions, including the McHenry Township Fire Protection District, Village of Johnsburg, Village of MCUM= Lake, Marengo Fire, Marengo Rescue, and Union Fire. In addition to the expansion of dispatch services, the City had also partnered with FGM Architects to perform a thorough space/needs analysis of the Municipal Center as a whole in determining the best uses for existing space, including Police and dispatch functions. This study was conducted in 2014 and provided an overall direction with many recommendations for the physical reconfiguration of departments. One of the recommended alterations was an overhaul of the Police Department expanding to the second floor assuming the space currently utilized by the Parks and Recreation Department. As a result of the development of the McHenry Recreation Center, the timing of the vacation of the Parks and Recreation Department staff from their existing space and the process for relocating Police Administrative functions and expanding the dispatch center could not have been better planned. Analysis The physical expansion of the dispatch center is a critical step in the consolidation process since McHenry has been identified as one of the three remaining designated dispatch centers in McHenry County. This endorsement came through a formal process and vote of by the McHenry County Emergency Telephone System Board (ETSB). As Council is aware, the City has been in the process of partnering with the cities of Woodstock and Harvard to consolidate their dispatch services to McHenry. In addition, the facility must be sized appropriately to add new customers in the future. Through the partnerships and through ongoing grant opportunities the costs for the expansion of the dispatch center can be reduced or recovered as the city moves from a current three dispatch stations to what will now house nine potential active dispatch desks and a civilian supervisor. In order to accommodate the necessary space for the expansion of the dispatch center however the relocation of the Police Administration staff becomes necessary. This relocation serves a number of other purposes beyond simply providing additional space. In being able to occupy the recently vacated space of the Parks and Recreation Department, command staff has an opportunity to create an efficient space specifically designed for them. Be it due to a change in structure or addition of positions, command staff lost a frequently used conference room and are squeezed into offices that were not necessarily designed to be utilized as they currently are when they were constructed 25 years ago. The proposed shift would not only create a customer and user friendly space but it additionally would create some much needed space on the first floor for five sergeants that are sharing a single constrained space. With all of these factors in mind and leveraging the existing relationship that the city currently has with FGM Architects (McHenry Recreation Center, point of service reconfiguration), staff called upon them once again to provide a proposal for professional services regarding the renovation of these two specific areas defined as a single project. FGM has been an excellent partner with the City of McHenry. The initial project of the space/needs analysis has already proved its worth in the renovation of the administration front counter area. Additionally, the manner in which the recreation center project has been managed and communicated to staff has simply been outstanding and the results show. Regardless of these two examples, FGM are leaders in their industry with a long history specifically in public safety building design. A cover letter from FGM has been provided outlining this vast experience. The city has continually put our trust in this firm and they have gone above and beyond each step of each project and with a project as vital as this staff feels undoubtedly that they are clearly the best partner for us. The attached proposal from MI lays out the all encompassing services for the development of the Police Department 911 Center and Administrative Spaces, including design phase, construction document phase, bidding and negotiations and finally the construction administration. The total cost for these design services is a lump sum fee of $115,000. In addition to the base fee, should the city require FGM's assistance in the selection and procurement of furniture for the space there is a not to exceed amount of $18,000. Staff anticipates utilizing these services particularly for the selection of the furniture. This will ensure a consistent and smooth flow of the entire workspace. As with past projects, including these services is an option however one that has proven some cost savings in the furniture acquisition through leveraging purchasing agents guaranteeing the lowest possible prices. In a similar arrangement to the furniture design and procurement, FGM has offered on option of the Audio Visual Consulting on the project for a lump sum fee of $5,500. As with the furniture staff feels that this is an important part of the design especially when considering the amount of audio visual equipment that would be required in the 911 Center. The total estimated cost for the development of the Police Department 911 Center and Administrative Spaces, including furniture, is estimated between $893,000 and $997,000. A complete breakdown of this estimate is provided at the end of the attached proposal. This amount includes the $138,500 being requested in this supplement. Of note, if approved, the Capital Improvement Program funding request for this project would be appropriately reduced in the FY16/17 Budget to account for this budget amendment. In regards to timing, the City Administration has received indications that the identified partners would like to move in to an operational expanded dispatch facility by January 1, 2017 (the state -mandated deadline is July 1, 2017). Given the timing involved with design construction, construction bidding and selection, and actual construction the City Administration strongly believes that we move forward with the design construction of this project immediately, as distinct from waiting until after May 1, 2016. In order to fund this project a budget amendment is also required. Therefore, if City Council concurs, Staff is seeking the following: 11 A motion to approve a budget amendment in the amount of $138,500 from the General Fund fund balance to the Capital Improvement Program for the purpose of retaining construction design services for the relocation of the Police Administration and expansion of dispatch services; and, 2) A motion to approve a professional services agreement with FGM Architects in the amount of $115,000 for the design and construction of the development of the Police Department 911 Center and Administrative Spaces, and to approve (2) additional not to exceed amounts, one in the amount of $18,000 for the selection and procurement of furniture as it relates to the said improvements and a second in the amount of $5,500 for audio-visual consulting services as it relates to the said improvements. February 2, 2016 Mr. Bill Hobson Deputy City Administrator City of McHenry 333 S Green Street McHenry, Illinois 60050 Re: McHenry Police Department 911 and Administrative Office Renovation Dear Bill: We are very excited by the potential of FGM Architects working with the City of McHenry on your Police Department's 911 Center and Administrative Office Renovation project. As requested, we are providing a fee proposal for architectural and engineering services for the project. We greatly value our working relationship and look forward to continuing our relationship. As you review our proposal, please consider the following about FGM: Police and Communications Center Design Experience: FGM is the leader in public safety building design in Illinois and has worked with 60 police and 30 emergency dispatch center clients. We specialize in Police Station and 911 Dispatch Center design. Specifically related to communications, clients benefit from our familiarity with the NFPA 1221 Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems and Motorola's Standards and Guidelines for Communication Sites (R56 Standard) . Our continued fascination of public safety market and its changing trends keeps our experience fresh and relevant. Experienced Team: Team members and consultants are experienced in planning Police Stations and 91 1 Dispatch Center facilities. We are proposing a proven team with police station design and communications center experience "in-house" that has worked together on many projects. We will use our experience and work with you to develop the best solution for your police station that will meet the needs and financial capabilities of the City. Client Experience: We very familiar with the parameters offhis project as we have provided services to develop the Master Plan for the Municipal Center which included a space needs analysis, initial budgeting and related consulting assistance. Our understanding of the project and the expectations of the City can help to streamline the design process. Should you have any questions regarding our proposal or require any additional information please let us know. We look forward to working with the City of McHenry on this exciting project. Sincerely, FGM Architects Inc. Rdymond K. Lee, AIA, LEED AP Principal in Charge John . Dzarnowski, AIA Director, Municipal and Recreation Proposal for Architectural Services For McHenry Police Department 911 and Administrative Office Renovation McHenry, Illinois Submitted to: CITY OF MCHENRY 333 S. Green Street McHenry, IL 60050 By: FGM ARCHITECTS INC. 121 1 West 22nd Street, Suite 705 Oak Brook, IL 60523 February 2, 2016 FGM ARCHITECTS 1.0 SCOPE OF PROJECT 1.0.1 The City of McHenry, hereinafter referred to as the Owner, intends renovate approximately 3,280 square feet of space for the McHenry Police Department 911 Center and Administrative Spaces. The preliminary scope of work has been illustrated in a sketch provided by the McHenry Police Department dated December 29, 2015. Work includes the following areas: • Communications Spaces at Northeast Corner of First Floor • The Administrative Assistant Space, Office, Server Room and Corridors outside the Police Chief's current office and a portion of Records Department. • Build -Out on Northeast Corner of the Second Floor for Police Department Administrative Office Space. 1.0.2 The total project budget for the construction will be determined during design when the scope is finalized. At this time, a preliminary estimated budget is $893,000 to $997.000 including construction cost, fees and furniture, equipment and contingencies. The budget assumes that some existing furniture may be reused. Budgets were derived from Conceptual Budget for Phase 3.3P - Communications Center dated October 6, 2015, Phase 4.4P and Phase 1.1 P - Police Department Administration 2nd Floor dated May 20, 2015. Note that this budget does not include a radio tower, antennae, dispatch and IT equipment. The budget will be revised during the design phase as the scope is determined. 1.0.3 We are anticipating beginning the project in February of 2016. 1.0.4 At this time, the Project is anticipated to be delivered via General Construction project delivery method 2.0 SCOPE OF ARCHITECT'S SERVICES FGM Architects Inc., hereinafter referred to as FGM or Architect, shall provide the following professional Architectural services for the Project: 2.1 Schematic Design and Design Development Phases 2.1.1 FGM shall prepare Schematic Design and Design Development Phase Documents consisting of drawings and other documents to establish and describe the size and character of the Scope of Work. 2.1.2 Design Documents will floor plans showing the proposed improvements to the Municipal Center/Police Station in relation to the existing floor plans identifying all functional areas and equipment locations. 2.1.3 FGM shall provide input regarding mechanical, plumbing and electrical, fire protection, technology infrastructure, and furniture and review with the Owner. 2.1.4 Meetings with the Owner and Municipal Code Authority are included in this phase as required. We have included in our base fee one meeting for presentations to a municipal board. 2.1.5 Assist the Owner to coordinate technology requirements for 911 Dispatch Center. 2.1.6 Preparation of cost estimates and project budgets. 2.1.7 Services that will be provided by the Owner and are not included in the proposed fee or services include the following: .1 Environmental Building Studies 2 Hazardous Material Remediation (soils, asbestos, lead, etc.) 2.2 Construction Document Phase 2.2.1 Upon approval of the Design Development Phase, FGM shall prepare complete Construction Documents for the Project. The Construction Documents shall consist of complete Contract Drawings, Specifications, and other necessary documents as required to secure a building permit for the Project and proceed with the Bidding and Negotiation Phase for the Project. 2.2.2 Contract Documents shall include Architectural, Mechanical, Plumbing and Electrical, including technology infrastructure systems. Furniture Design and Audio Visual Consulting are optional additional services. 2.2.3 Bidding and contract legal requirements will be provided by the City of McHenry. 2.2.4 FGM shall assist the Owner in filing the required documents for approval of municipal authorities having jurisdiction over the project. 20205 Meetings with the Owner and Municipal Code Authority are included in this phase as required. 2.3 Bidding or Negotiation Phase 2.3.1 FGM shall assist the Owner and Construction Manager in soliciting and reviewing bids from Contractors and Sub Contractors. 2.3.2 Respond to questions and provide clarifications to bidders, and issue Addendums as required to bidders. 2.3.3 Attendance at Pre -Bid Meeting and Bid Opening are included in this phase. 2.4 Contract Administration Services 2.4.1 FGM shall assist with the administration of construction contracts including shop drawing and other submittal review as required. 2.4.2 Attend an average of one On -Site Owner/Architect/Contractor (OAC) meeting in combination with On -Site Observation visit every other week to monitor Construction Phase activities for general conformance with Construction Documents. We have included a total of ten (10) meetings in our proposal. 2.4.3 Prepare Punch -List and related follow-up of same. We have included one (1) meeting for preparation of punch -list and one (1) punch -list follow up meeting. 2.5 Consultants 2.5.1 FGM has included in our fee the services of Consolidated Consulting Engineers (CCE), for mechanical, electrical, and plumbing engineering design. CCE has extensive experience in the design of systems for 911 communication centers. 2.5.2 Material testing, environmental engineering and hazardous waste engineering services are not included in our proposal. 3.0 ARCHITECT'S COMPENSATION The City of McHenry shall compensate FGM Architects for professional Architectural services rendered in connection with the Project under this Proposal as follows: 3.1 For all professional services in connection with Architectural and Engineering Design, Bidding and Negotiation Services and Contract Administration Services as described in Paragraphs 2.1 through 2.5, we propose the following fee: Total Lump Sum Fee 3.2 Optional Services $115,000.00 3.1.1 Furniture Design and Procurement (optional service): If the City of McHenry would We FGM to assist in furniture selection and procurement, we will provide this service for a Lump Sum Fee of $18,000.00 to be included in addition to above Architectural and Engineering Design Fee. 3.1.2 Audio Visual Consulting (optional service): If the City of McHenry would like FGM to assist in design of Audio Visual Systems for the 911 Communication Center and Conference Room(s), we will provide this service for a Lump Sum Fee of $5,500.00 to be included in addition to above Architectural and Engineering Design Fee. 3.3 Reimbursable Expenses are not included in our Fee are defined in Paragraph 3.4 below. Local travel (travel less than 100 miles), phone, fax, and printing of review sets for design coordination will not be charged as a Reimbursable Expense. 3.4 For any additional services, FGM shall be reimbursed for additional expenses in connection with the Project, invoiced to the Owner at One Hundred Ten Percent (1.10) times Architect's actual direct cost of same, for the below items. 3.4.1 Expense of postage and/or delivery. 3.4.2 Travel and living expenses in connection with Architect's out-of-town travel (if required) as authorized by the Owner. 3.4.3 Expenses of any consultants not included in our proposal with Owner's prior approval. 3.4.4 Expense of Contract Document printing for permit submittal. 3.4.5 Expense of models authorized by the Owner. ARCHITECTS Any fees paid by FGM to authores having jurisdiction over the project with Owner's prior approval. Expense of Contract Document printing for bidding and construction purposes 3.5 If specialty consultants are required, FGM shall be reimbursed for consultant expenses in connection with the Project, invoiced to the Owner at One Hundred Ten Percent (1.10) times Architect's actual direct cost of same. 3.6 Payments shall be made monthly by the Owner to FGM upon receipt of FGM's invoice in accordance with the Local Government Prompt Payment Act. 3.7 Non-payment of invoices shall constitute grounds for discontinuing service. 3.8 The terms of this Proposal are based upon services commencing within 60 days and all services being completed within 14 months thereafter. 4.0 Form of Agreement 4.1 Should our proposal be acceptable, it is our intention to enter into a formal agreement using AIA Document B101 Standard Form of Agreement Between Owner and Architect with modifications as mutually agreeable. If you have any questions regarding our qualifications or proposal, please do not hesitate to contact us. We appreciate this opportunity to be of service to the City of McHenry for this Project. Sincerely, FGM ARCHITECTS INC. Sincerely, TI F Ra mond Lee, AIA, LEED AP Principal Phone: 630.574.8711 Email: rayl@fgmarchitects.com John C. Dzarnowski, AIA Principal, Director, Municipal and Recreation Phone: 630.368.8319 Email: johnd@fgmarchitects.com Any fees paid by FGM to authores having jurisdiction over the project with Owner's prior approval. Expense of Contract Document printing for bidding and construction purposes 3.5 If specialty consultants are required, FGM shall be reimbursed for consultant expenses in connection with the Project, invoiced to the Owner at One Hundred Ten Percent (1.10) times Architect's actual direct cost of same. 3.6 Payments shall be made monthly by the Owner to FGM upon receipt of FGM's invoice in accordance with the Local Government Prompt Payment Act. 3.7 Non-payment of invoices shall constitute grounds for discontinuing service. 3.8 The terms of this Proposal are based upon services commencing within 60 days and all services being completed within 14 months thereafter. 4.0 Form of Agreement 4.1 Should our proposal be acceptable, it is our intention to enter into a formal agreement using AIA Document B101 Standard Form of Agreement Between Owner and Architect with modifications as mutually agreeable. If you have any questions regarding our qualifications or proposal, please do not hesitate to contact us. We appreciate this opportunity to be of service to the City of McHenry for this Project. Sincerely, FGM ARCHITECTS INC. Sincerely, TI F Ra mond Lee, AIA, LEED AP Principal Phone: 630.574.8711 Email: rayl@fgmarchitects.com John C. Dzarnowski, AIA Principal, Director, Municipal and Recreation Phone: 630.368.8319 Email: johnd@fgmarchitects.com FUm ARC H HOURLY RATE SCHEDULE Effective January I, 2015* Where the fee arrangements are to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. Current rates are as follows: FGM Architects Principal (Board of Directors) $230000 Arch IV $185600 Arch III $145000 Arch II $1 10.00 Arch 1 $85.00 Project Administrator III $105000 Project Administrator II $80.00 Project Administrator 1 $70.00 Consolidated Consulting Engineers (MEPFP Engineering) Principal Engineer $160.00 Associate Engineer $140.00 Design Engineer $110400 Drafting $90.00 Clerical $70.00 *Hourly rates are subject to adjustment on January 1 each year. City of McHenry FGM ARCHITECTS Municipal Center Renovation January 19, 2015 911 Communications and Police Department Administration Renovation FGM#: 14-1746.01 Item Quantity Unit Cost/Unit Construction Cost Remarks Low High Low High 1 Renovate Communications Center Including New Support Spaces EAsting Building Remodeling Work 2 Remodel Communications Center 1,125 s.f. 55 60 61,875 67,500 3 Millwork 20 Lf, 410 430 8,200 8,600 4 HVAC 1,241 s.f. 28 33 34,748 40,953 Utilize existing systems, add computer room system 5 Plumbin 1 allow 20,000 25,000 6 Electrical 1,241 s.f. 38 43 47,158 53,363 Lighting, power, data, fire alarm, consoles 7 Fire Protection 1,241 s.f. 2.50 3.00 3,103 3,723 Dry chemical extinguisher for Server Rooms 8 Special Construction 9 Security Film for Windows 6 ea. 900 1,100 5,400 6,600 Low level security for windows 10 Lockers 7 ea. 525 625 3,675 4375 11 12 AN Systems Securitv S stems allow allow 14,000 16,000 Status monitors 13 Cameras allow allow 3,000 3,500 14 Door Controls 1 ea. 2700 2900 2,700 2 900 15 Sub -Total Renovation of Communications Center $ 203,859 $ 232,514 16 Renovate Southern Portion of 2nd Floor for Police Department Administration EAsting Building Remodeling Work 17 Remodel Office and Support Areas 2,035 s.f. 50 55 101,750 111,925 18 Millwork estimated 35 1 I.f. 400 420 14,000 14,700 19 HVAC 2035 s.f. 12 14 24A20 28,490 Utilize existing systems, re -distribute as required 20 Plumbing 1 allow 12,000 14,000 21 Electrical 2,035 s.f. 18 20 36,630 40,700 Lighting, power, data, fire alarm 22 Fire Protection 2,035 s.f. 2,50 4,070 5,088 23 Special Construction 24 25 AN Systems Securi5 stems h2,00 allow 13,000 15,000 For conference room 26 Cameras allow 2,500 3,000 27 Controller Head End 1 ea. 5,500 5,000 5,500 Door controls purchased in this phase 28 Door Controls ea. 2,500 2,700 10,000 10,80029 EAstin Buildin Areas to Remain***Existing lighting and HVAC to remain as -is 30 31 New Finishes floorin , ceilin the and oint Sub -Total 2nd Floor Police Administration E:4 s.f. 18 22 18 990 $ 242,360 23 210 $ 272,413 New flooring, ceiling the and paint 32 Construction Sub -Total $ 446,219 $ 504,927 33 Escalation 57o 22,311 25,246 34 TOTAL CONSTRUCTION COSTS $ 468,529 $ 530,173 City of McHenry Municipal Center 911 and Police Administration Renovation Page 1 of 2 City of McHenry Municipal Center Renovation 911 Communications and Police Department Administration Renovation FGM ARCHITECTS January 19, 2015 FGM#: 14-1746,01 Item Quantity Unit Cost/Unit Construction Cost Remarks Low High Low High 35 Design, Pricing and Construction Contingency 57o 70,279 79,526 36 TOTAL CONSTRUCTION BUDGET $ 538,809 $ 609,699 37 Allowances for Items to be Purchased by the City 38 Furniture and Equipment (incl. dispatch consoles) $ 210,000 240,000 Cost will depend on how much furniture can be reused 39 Computer Systems $ - - 40 Telephone System Expansion $ 7,000 8,000 41 Total Allowances for Items to be Purchased by the City $ 217,000 $ 248,000 42 Allowances for Items Fees and Soft Costs 43 Architectural and Engineering Fees $ 115,000 $ 115,000 44 Environmental Testing $ - $ - 45 Furnishings Design Fee $ 18,000 18,000 For design assistance if needed 46 Material Testing During Construction $ 1,000 2000 47 Printing Costs $ 31000 4,000 48 Moving Costs $ - 49 Total Allowances for Fees and Soft Costs $ 137,000 $ 139,000 50 TOTAL PROJECT BUDGET $ 892,809 $ 996,699 Notes: Project Budgets are preliminary and are based on historical square foot cost information Project Budgets are based on a Summer 2016 construction start date. Project Budgets do not include legal fees or financing costs. Project Budgets do not include any hazardous material removal/remediation Construction Costs are based utilizing a General Contractor for the project delivery method S:\jobs\2014\14-1746.01\ADMIN\1.0 PM\1.08 Estimating\McHenry Renovation Budget 2015-01-18 City of McHenry Municipal Center 911 and Police Administration Renovation Page 2 of 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR2 February 15, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Use Variance to allow a financial institution at 4405 W Elm Street ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission minutes dated January 20, 2016 3. Ordinance approving a use variance to allow a financial institution at 4405 W Elm Street 4. City Council Meeting Minutes dated October 21, 2013 5. Application Packet BACKGROUND: The subject property, located at 4405 W Elm Street, was originally developed with a one-story single-family brick residence and two car garage. In 1995 the garage was demolished and subsequently utilizing some of the existing walls of the former home the property was renovated, and a commercial restaurant building was constructed. In April 1996 Bernie's Garage and Diner opened its doors. In 1997 a conditional use permit to allow a restaurant serving alcoholic beverages without live entertainment or dancing was approved by the City Council. There were a few restaurants opened following Bernie's Garage and Diner, including: Ricci's Grill in 1998, Bacci's Pizzeria in 2001, Riviera Pizzeria in 2011 and most recently the building was home to Route 120 Hotdogs N' More in November 2012. Route 120 Hotdogs N' More closed its doors early in 2013. Currently, the subject property contains a one-story frame building, which is approximately 2,800 total square feet and has approximately 43 parking spaces. In 2013 Titlemax applied for a use variance to allow a financial institution on the subject property. Staff recommended denial of the requested use variance in 2013; the Planning and Zoning Commission recommended approval and the City Council did not approve the use 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us variance. Following the City Council meeting Titlemax initiated litigation against the City as a result of denial. The lawsuit was subsequently withdrawn after several months. ANALYSIS: The applicant is requesting a use variance to open a financial institution, which consists of a currency exchange and consumer installment loan business on the subject property. Currently, the aforementioned financial institution is being operated at 4213 W Elm Street to the east of the subject property. In 2012 a use variance was granted to allow a residential use and a financial institution at 4509 W Elm Street, which is the current location of Mid -West Title Loans. A use variance is required to specifically permit the proposed financial institution in the G5 zoning district. The City Council will recall in 2004 the City excluded financial institutions from the G5 zoning district, primarily to maintain valuable retail space along major commercial corridors. Currently financial institutions are permitted uses in the G2, G3 and C 4 commercial zoning districts. In 2013 staff did not believe a hardship existed at the subject property to justify the proposed land use and was not convinced the property could not develop a reasonable return if restricted to other land uses in the G5 zoning district. At that time the subject property had been vacant for less than a year. Staff was also concerned there were no unique circumstances peculiar to the site, which generally did not apply to other properties within this same zoning district which would inhibit its redevelopment. In 2013 staff noted similarities and differences between the two properties, 4405 and 4509 W Elm Street. The property at 4509 W Elm, prior to being occupied by Mid -West Title Loans, was vacant for several years; whereas the property located at 4405 W Elm had been vacant for less than one-year. Both properties are fairly deep (north -south) however the property at 4509 W Elm Street is a couple hundred feet deeper. The property at 4509 W Elm is also a mixed -use building, more narrow and the building is setback much further from the roadway than the building at 4405 W Elm. Since 2013 however, staff has received only a couple of inquiries for tenancy at 4405 W Elm however nothing generated substantial movement towards occupancy of the property. While vacant for less than one year in 2013 the property at 4405 is still vacant and has been so for about three years. The owner of the property at 4405 W Elm has also completed improvements to the site including a reroof done in 2015. Additionally, since 2013 there have been several new businesses opened; properties proposed to be redeveloped and/or purchased to be redeveloped in the general planning vicinity of the subject property including: Twisted Burger (4305 W Elm) in 2014; V3 Gasoline Inc., doing 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us business as Marathon located at 4713 W Elm, the southeast corner of Elm Street and Meadow Lane, completed extensive renovations and remodeling and reopened in 2015; European Service at Home Inc. renovated an existing building and opened at 4606 W Elm Street. In January 2015 J.L.O. Hair Care Inc. located at 5114 W Elm was renovated and reopened as a beauty salon after being vacant for several years. At their December 7, 2015 meeting the City Council approved Sunnyside Chrysler Dodge Ram to complete a building expansion at 4810 W Elm Street which will accommodate a Jeep Franchise. A couple of weeks ago the former Gagetown Restaurant, located at 4621 W Elm was purchased, and will be renovated to accommodate a new restaurant. All of the aforementioned developments are located within less than amile-long stretch of Elm Street on which the subject property is situated and provide a snapshot of the trend of development in the area relative to the subject property. Therefore, staff believes there are practical difficulties associated with the subject property and it cannot yield a reasonable return without the zoning relief requested. There are unique circumstances which are adversely impacting the viability of the site. Staff does not believe the proposed use- would alter the character of the area as there are financial institutions in close proximity to the subject property including: Midwest Title Loans to the west, the existing Currency Exchange at 4213 W Elm; Chase Bank across the street in McHenry Market Place Shopping Center as well as the Cash Store located in Boone Creek Plaza Shopping Center adjacent to Jewel. There is also a pawn shop in the McHenry Market Place Shopping Center. Economic conditions are dynamic and as previously explained properties in close proximity of the subject property are being developed and redeveloped, and au property has remained stagnant for three years. It's for the aforementioned reasons staff supports the requested use variance as proposed. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (7-0) of the requested use variance and any other variances required effectuating the aforementioned request to allow a financial institution at 4405 W Elm Street. If the City Council concurs with the Planning and Zoning Commission, it is recommended the attached ordinance authorizing a use variance to allow a financial institution at 4405 W Elm Street be approved. 3 .i i r 1 �« L AL JN 1p lo r / 1 `,y Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Unapproved Planning and Zoning Commission Meeting Minutes January 20, 2016 Public Hearing: DHB Real Estate Corp. File No. Z-881 Use Variance to allow a financial institution and any other variances required effectuating the aforementioned request at 4405 W. Elm Street, McHenry, IL Chairman Strach called the Public Hearing to order at 7:43 p.m. regarding File No Z-881, an application for a use variance to allow a financial institution and any other variances required effectuating the aforementioned request on the Subject Property as submitted by DHB Real Estate for the property located at 4405 W. Elm Street (Illinois Route 120), McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on December 31, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Tyler Manic, Attorney, Schain, Banks, Kenny &Schwartz Ltd., 70 W. Madison St., Suite 5300, Chicago, IL 60602, Steven Lenet, 3520 N State St., Chicago IL, and David Barr, Applicant, 1610 Tall Tree Lane, Deerfield, IL, who were sworn in by Chairman Strach. Mr. Manic provided a summary of the request before the Commission at this Hearing stating the applicant is requesting a use variance to relocate their business from the present location at 4213 W. Elm Street (east of the subject property) to this new location of 4405 W. Elm Street. Their intent is to continue business in the same manner as the consumer loan business and currency exchange they have run for 18 years at the prior location. The new location will offer an upgrade in services for customers and for employees as well. Mr. Manic stated they have read the staff report and are willing to adopt and follow the statements requested in that report. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is zoned C-5 Highway Commercial District and contains a vacant building consisting of approximately 2,800 square feet. In April 1996 Bernie's Garage and Diner opened its doors. In 1997 a conditional use permit to allow a restaurant serving alcoholic beverages without live entertainment or dancing was approved by the City Council. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us There has been a series of restaurants following Bernie's Garage and Diner; however the last one closed its doors early in 2013. Currently, the subject property contains a one-story frame building, which is approximately 2,800 total square feet and has approximately 43 parking spaces. In 2013 TitleMax applied for a use variance to allow a financial institution on the subject property. Staff recommended denial of the requested use variance in 2013; the Planning and Zoning Commission recommended approval and the City Council did not approve the use variance. Following the City Council meeting TitleMax initiated litigation against the City as a result of denial. The lawsuit was subsequently withdrawn after several months. The applicant is requesting a use variance to open a financial institution, which consists of a currency exchange and consumer installment loan business on the subject property. In 2012 a use variance was granted to allow a residential use and a financial institution at 4509 W Elm Street (west of the subject property), which is the current location of Mid -West Title Loans. A use variance is required to specifically permit the proposed financial institution in the C-5 zoning district. In accordance with the zoning ordinance all of the requirements/conditions of Table 32(A) must be satisfied in order for a use variance to receive a positive recommendation from the Commission. In 2013 staff did not believe a hardship existed at the subject property to justify the proposed land use and was not convinced the property could not develop a reasonable return if restricted to other land uses in the C-5 zoning district. At that time the subject property had been vacant for less than a year. Staff was also concerned there were no unique circumstances peculiar to the site, which generally do not apply to other properties within this same zoning district which would inhibit its redevelopment. Also in 2013, staff noted similarities and differences between the two properties, 4405 and 4509 W Elm Street. The property at 4509 W Elm, prior to being occupied by Mid -West Title Loans, was vacant for several years, whereas the property located at 4405 W Elm had been vacant for less than one-year. Both properties are fairly deep (north -south); however the property at 4509 W Elm Street is a couple hundred feet deeper. The property at 4509 W Elm is also a mixed -use building, more narrow and the building is setback much further from the roadway than the building at 4405 W Elm. Since 2013 however, staff has received only a couple of inquiries for tenancy at 4405 W Elm; however nothing generated substantial movement towards occupancy of the property. While vacant for less than one year in 2013 the property at 4405 is still vacant and has been so for 7 about three years. The owner %J the property at 4405 W improvements to the site including a reroof done in 2015. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Elm has also completed Additionally, since 2013 there have been several new businesses opened and properties proposed to be redeveloped and/or purchased to be redeveloped in the general planning vicinity of the subject property. All of these properties are located within less than a mile -long stretch of Elm Street on which the subject property is situated and provide a snapshot of the trend of development in the area relative to the subject property. Therefore, Director of Economic Development Martin stated Staff believes there are practical difficulties associated with the subject property and it cannot yield a reasonable return without the zoning relief requested. There are unique circumstances which are adversely impacting the viability of the site, and Staff does not believe the proposed use would alter the character of the area as there are financial institutions in close proximity to the subject property. Economic conditions are dynamic and as previously explained properties in close proximity of the subject property are being developed and redeveloped, and the subject property has remained stagnant for three years. It's for the aforementioned reasons staff supports the requested use variance as proposed. Director of Economic Development Martin stated Staff is recommending approval of a use variance to allow a financial institution at 4405 W Elm Street. Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Sobotta inquired if the building will be expanded at all. Mr. Barr stated he will remodel the building and possibly extend a new storefront with glass added for visibility but they are not intending to add -on to the current building outside of that. Commissioner Doherty asked if there is one or two businesses intending to move into the subject property. Mr. Barr stated there are two businesses and he has ownership in both. He bought the currency exchange from the previous owner and has been in that business for 18 years, having 50% ownership. About 13 years ago he opened up Americash Loans, an installment loan company, which he has 20% ownership in, and they rent the space from him, personally. Commissioner Meyer asked if they are purchasing the building or leasing it. Mr. Barr stated they are purchasing the building. Chairman Strach opened the floor to questions and comments from the audience. E3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:50 p.m. Commissioner Bromley asked if there were plans for the old building they will be moving from. Mr. Barr stated they will sell or lease it and remodel it, but not to another lender or currency exchange. Motion by Bromley, seconded by Doherty, to recommend to the City Council with regard to File No. Z-881, an application for approval of a use variance to allow a financial institution at 4405 W Elm Street be granted and that Table 32(A) of the Zoning Ordinance has been met. Voting Aye: Bromley, Doherty, Vallez, Meyer, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-881 at 7:52 p.m. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO.ORD-16- AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A FINANCIAL INSTITUTION AT 4405 W ELM STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by DHB Real Estate Corporation, 425 Huehl Road Building 3, Northbrook, IL 60062 requesting a use variance to allow a financial institution on the SUBJECT PROPERTY, legally described on Exhibit A, attached hereto and incorporated herein; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 20, 2016 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of a use variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested use variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The SUBJECT PROPERTY is hereby granted a use variance to allow a financial institution. SECTION 2: In granting said Use Variance, the City Council finds that the requirements ATable 32(A) of the Zoning Ordinance have been met in that: 11 For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) 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. 4) 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. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed and approved this th day of , 2016 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: ATTEST: CITY CLERK MAYOR 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of Subject Property 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City Council Meeting Minutes dated October 21, 2013 REQUEST FOR A USE VARIANCE FROM TITLEMAX OF ILLINOIS TO ALLOW A FINANCIAL INSTITUTION in C-5 ZONING DISTRICT AT 4405 WEST ELM STREET Mark W. Daniel, Esq. and Mr. Jeff Cermak representing TitleMax of Illinois, Inc were present at the podium. Deputy City Administrator Martin began the discussion and told the City Council TitleMax of Illinois, Inc. whose parent company is in Georgia is proposing to open a financial institution at 4405 West Elm Street. The property is owned by Mr. Bernie Matchen and is the former site of Bernie's Garage and Diner, Bacci Pizzeria, Riviera Pizzeria and most recently Route 120 Hotdogs N'More. Currently, the property has been vacant for less than one-year and is located in a G5 zoning district. Mr. Martin explained in 2004, the City Council passed an ordinance prohibiting financial institutions in G5 zoning districts. To allow this type of use at this site, the petitioner must prove a hardship exists at the subject property to justify the proposed land use and an ordinance granting a use variance must be passed by the City Council. In 2012, the Council found sufficient hardship and approved a use variance to allow a financial institution at 4509 West Elm Street for Mid -West Title Loans. While there are similarities between the two properties, Mr. Martin explained there are notable differences between the two sites. The building at 4509 West Elm Street was vacant for several years and although the lots for both properties are fairly deep (north -south), 4509 is 200 feet deeper, more narrow, and the building is setback further from the roadway as compared to 4405. An application was made to the Planning and Zoning Commission by the petitioner TitleMax of Illinois, Inc. and a public hearing was held on September 19, 2013, at which time the commission unanimously recommended approval of a use variance requested for this site. However, Mr. Martin declared staff does not believe a hardship exists that would justify the proposed land use and is not convinced the property could not develop a reasonable return if restricted to other land uses permitted in the G5 zoning district; consequently, staff recommends denial of the request before the Council this evening. J. Schaefer made a motion, seconded by R. Wimmer to approve an ordinance authorizing a use variance to permit a financial institution in a C-5 zoning district for the property located at 4405 Wes Elm Street. Mayor Low offered those representing TitleMax Illinois, Inc. an opportunity to address the Council and opened the floor for discussion. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Or. Daniel, attorney representing TitleMax Illinois, Inc. relayed to the City Council the reoccurring difficulties Mr. Matchen has had with tenants and vacancy issues and pointed out to the Council the ZBA found sufficient hardship exists at this property. The lot is narrow and long and limits the types of practical uses for the building. TitleMax is not a pawnbroker. The business lends money to people from all walks of life who cannot obtain a traditional loan using their vehicles as collateral. The money is lent at a higher rate than credit cards to encourage repayment as soon as possible. TitleMax does not repossess cars and cars are not kept on site. Or. Daniel said this type of lender serves a purpose in the current state of the economy. Alderman Schaefer stated a use variance for this site is a good solution for the property as we already have a competing business in the area. TitleMax is a national chain and he has no issues with moving forward with the request. Alderman Blake stated he is considering staffs recommendation to deny the request and he is aware TitleMax is not a bank however he would like to hear more discussion before he makes a decision. Alderman Wimmer noted the Council changed the ordinance to prohibit financial institutions in the G5 zoning district to prevent businesses that generate no sales tax revenue for the city from occupying prime commercial sites. Alderman Wimmer asked for the names of other financial institutions denied occupancy in the G5 district since the ordinance was changed and Mr. Martin said he could not think of any. Alderman Peterson asked how staff made the determined that no hardship exists. Mr. Martin answered the property has been vacant for less than one year and does not meet all the criteria in Table 32-A of the Zoning Ordinance, Alderman Peterson remarked this site seems like a bad spot for locally owned businesses. Alderman Condon corrected Mr. Daniel's use of the acronym ZBA stating the hearing on September 19th was before the Planning and Zoning Commission. Alderman Condon added she voted no when the use variance for 4509 West Elm Street was before the Council in 2012 and she is not in favor of granting a use variance before the Council this evening. She further stated she read through the staff report thoroughly and although the PZC recommends granting the use variance, she agrees with staff this property does not meet the hardship requirements and therefore she cannot support this request. Alderman Santi asked if TitleMax has already purchased the property and how long have they been in business. Mr. Daniel said the property will be sold to another owner and TitleMax will hold a lease for 10 years with an option for a five year extension; and, they have been in business for 12 years with approximately three business in the Chicagoland area and 1200 14 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us locations in 12 states. Alderman Santi questioned Mr. Martin about other potential renters for this property and Mr. Martin advised he was not aware of any at this time. Alderman Glab aired he finds it difficult to see something other than afast-food type of business at this site. He recalls when the ordinance was approved prohibiting financial institution in C-5 and expressed the city needs to redevelop the Route 120 corridor west of the tracks; this type of use does not fit in the Comprehensive Plan; and, this use should not be approved just to fill the building. Attorney McArdle asked if Mr. Matchen still owns the property and Mr. Daniel answered yes. He then asked who Mr. Matchen was selling the property to and Mr. Daniel stated Jack McGary who owns Family Dollar is the buyer and the contract is contingent upon tonight's action. Alderman Santi asked how many restaurants have previously occupied the site. Property owner Mr. Matchen responded from the audience and said six. Alderman Santi expressed concern that another restaurant may not survive in this spot. As there was no further discussion by the City Council at this time, Mayor Low recognized Mr. Daniel and Mr. Cermak and gave them permission to address the Council. Mr. Daniel noted Alderman Santi's last comment about another restaurant at this site potentially failing proves his point that a hardship exists. The site is too narrow for a driveAnru. If a driveAhru were to be installed it would take up 184eet of the parking lot, exclude parking on that entire side of the building, and there would be no room for a drive-thru aisle on the other side of the building because of parking requirements. A standard fast-food franchise building would not fit on the lot. The comprehensive plan has four or five areas of focus around town and we could not pinpoint any for this use. The hardship is trying to get a different use on this property. This is one of two very narrow parcels on the block. The site at 4509 West Elm has more parking than 4405. This is not a prime commercial spot in town. The Planning and Zoning Commission recognized the hardship and Mr. Daniel suggested all the documents from the Planning and Zoning Commission meeting should have be made available to the Council. Alderman Blake asked if TitleMax was a bank and Mr. Daniel said technically no; TitleMax is a non -banking financial institution. Mr. Daniel said TitleMax will create no interruption or disturbance for the business community on that block. Alderman Glab said he does not think a financial institution should be located on this site adding the Comprehensive Plan is a plan for the future; we need to look at our Route 120 corridor all the way west; and, we need proper planning for the future. Putting TitleMax in- between fast food restaurants is not considered in the plan and added a fast-food restaurant with a good reputation could be successful at this location. 15 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Alderman Schaefer noted six restaurants in this site have failed; a national chain needs a drive thru facility and this lot is not conducive for a drive-thru. He does not think a fast-food business could be successful on this site. TitleMax would be a user with low impact with not a lot of cars and people on site. Alderman Condon stated national chains such as Jimmy Johns may be interested in the site. She also said she has no problem with TitleMax as a business however she does not think it is the right fit for this property. Alderman Condon then expressed her dismay with Mr. Daniel's implication that staff did not provide the City Council with all documentation regarding this matter and assured Mr. Daniel all materials were provided to the Council and she has read all of them. Alderman Condon noted these are terrible economic times and hardships exist for all property owners however we need to determine if the site creates a hardship; not the property owner's hardship. As the Council has no further statements to make, Mayor Low recognized Mr. Daniel and offered him an opportunity to make a final statement to the Council. Mr. Daniel reiterated his statement to the Council and urged them to review the Planning and Zoning Commission's recommendation adding he meant no attack on staff's abilities. Mayor Low reminded Mr. Daniel the City Council was given all documentation relating to this matter one week prior to the meeting. Mr. Daniel expressed his opinion that it is the Council's responsibility to consider the Planning and Zoning Commission's unanimous recommendation to grant this use variance. Mayor Low asked to call the roll: Ayes: Schaefer, Peterson, Santi Nays: Wimmer, Blake, Condon, Glab Abstentions: None Absentees: None Motion failed. F�: PROJECT NARRATIVE USE VARIANCE 4405 WEST ELM STREET The Applicant is requesting a Use Variance to relocate two existing McHenry businesses, both located at 4213 West Elm Street. The Use Variance would allow the applicant to continue these businesses in the same manner as that of a currency exchange and a consumer installment loan business at this new location. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z W/ 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 1. Name of Applicant DHB Real Estate Corp Tel 847-509-6666 Address 425 Huehl Road Building 3 Fax 847-509-6634 City Northbrook State IL Zip 60062 2. Name of Property Owner Bernie Matchen Tel (If other than Applicant) Address 3910 W John Street Fax 3. City McHenry State IL Zip 60050 Name of Engineer (If represented) Address City State Zip Tel Fax 4. Name of Attorney Kgyin lnlolfberg., Srhain anks Tel 312-'145-5700 (If represented) Address 70 West Madison #5300 Chicago, IL 60602 Fax 312-6194866 5. Common Address or Location of Property 4405 West Elm Street. McHenry. IL 6. Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) Conditional Use Permit Zoning Variance _Other Zoning Variance —Minor Zoning Text Amendment X Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page 1 of 3 7. Current Use of Property Vacant uuIldina 8. Current Zoning Classcation of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: East: West: C-3 C-5 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. �_l. Application Fee (amount) $ X 2. Narrative Description of Request X 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application X 7. FORM E — Use Variance Application x_8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A Page 2 of 3 l 1, Digclvsate of Intcrest. The party signing die.appligatiori shall,.be.dQniidered:'die'Applicant.:.The: ffiliam littstb,,e•the owner ox .trustee: of xecdd, trust beneiiciary;.7essee, ciiutzact.pitztlt$ez; dr aptioti iiolderfpf the subject iarape#y or his• or hei'a'ent or, nominee: •:�p�c��t ���1crt:Q�n'er: .. Tf the Applicant is not the owiaiek .of,i oord •df the subject';propei�ty; the'7 apPlica Qxi 'skulllit ciiSClost the legal capacity.'of the' kpplile2mt•and die, full name; ad&essl and''telephone.nuxabez'bftht<;vwncr tdditidrn,.an •affidarnt of the o'r fttis.(s);shall*ba Liter .o.'p, t:tbed apip fpt'atidn stating.tiia the.Applica t bag the.avthoiity fibin4h owi&c (sj':to*.make ihe•application.11 f •tlie .tlpplcant,,o�vner, dtinfract purelira'ser, 'optzon .I!oldes,--.;or, �n� beneficiary; of a,Tatid trust,i a, carpor$tion ar partnership; thd.,4pl?1i646 shall t#is�l�lse:thc.itatr�e and address ol';the eorporatioti'swI officeis,•diiectors,'.and re$ist x�d gedt8, bi t#te parther§liip'is:general partndrs6andhose,$)iitvhvlders . 'ox l66 imited. partaiers awnzng; az� citcess or' rJVe percent ;of .tha;: outstanding ;stock ax interest irs the eorti1 6 'Lit or 4 &6st'stiaied.byLithe Umiited pa><traers, Atsaliatit'.tii7w�ier:ls:i►tlatt�"i►i Tf .the Appiicanf or owner: is a latad, ixnst qr otHex:'trust; or tnistee :thereof; the:� £ull:::narne; ad ess, dr tL. alephoneinumbek, and extent of interest dt each: benefY,ciaryt 11 ,sha1R,beli ; di'scloseti' jhk the applicILI ation. I P. 12•, Gezki�cution I. hereby. certify,'Ehat• I am. aware;at>•a�i:.;�t1�_,C�yveremerats of: the::C�ttgwc4f McHenry; Eli'st`.re�ate"'tc�:.tltis property and t tat.:the pry? 9sed.use or%,Odevelnpm&llt..desojibed iii this agplicat101, x'on shR11.`Co7rnpty' with a11. such code's:;. • ;I hereby request that a laublic betiqirg;tq:consider'this•:alication:: b'e;;treY•ii-befare;the Planning •and Zbninig tQjHUHSSjV A; 2W tkrtaeafter tkiat..a re c m1'rieridafiotj; bc..forwarde$ to ihb City'. Council fax the acloptioii of I.an owiDancc(s) granting f)ie: requested: actlon�(s), includitz any modificativtxs to obis. • , ., . application orconditiong of approval'recoMmended by, the 7oning:l3oard of P;ipp�els'af-City Couneil. af•�pplicant(s) avid Barr 100%Shareholder of DHB Real Estate Corp. FORM E USE VARIANCE Planning and Zoning Commission City of McHenry File Number 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it t•elates to your request. 1. Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The Applicant would not be able to purchase the property without the variance. Additionally, there is a hardship to the City and current property owner as the property has been vacant for approximately two 2. Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. The property has not been attractive to new uses or developers due to the combination of its size at this location. The Applicant will not purchase the property without the use variance and would not attempt to develoq without the requested variance. 3. Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. The Applicant operates an existing business in the City and has a specific interest in this property due to its location, size and amount of parking. While this specific property has not been attractive to other developers or users the specific location and size is perfect for the uses of the Applicant. FORME Page 1 of 2 4. Not Alter Local Character The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. location Moving its business to this location would not have any negative impact on environmental 5. Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. The granting of the Use Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City as this property is clearly identified as an area of commercial use and helps afford a diverse employment base and sound economic base for the City. FORME Page 2 of 2 PLAr4 Off.• SURVEY Conway Surveyying 1213 N. Riverside (810) i 38*5 2124 McHenry, Illinois The East 100 feet of the Fleet 254.3 feet as measured on the South line thereof, of that part of the Northwest Quarter of the Southeast Quarter of Section 27, Township 45 North, Range 8, East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 27, thence West 10.19 chains to a stake; thence North to the center of the road; thence Southeasterly along the center of the road, 10.57 chains to the East line of the Northwest Quarter of. the Southeast Quarter of said Section 27; thence South on iozesaid East line of the Northwest Quarter of the Southeast Quarter to the place eginning, in McHenry County, Illinois. ECMPo•eh°°n, r �STaTF ROUT 1p3 3jE STRF�„T 31.02 scu+h a V °Onpy b� i c yp ° z h+a+ Bt Yoe soa/h 9 d esc a rb% iov)wsi< m and.f fens 50.99 hrK`fc .aU cas} 23.50 g� NORTH Unas�meb z3 osay�' 3 ��ee'hxr ga.mda SCALE k m JK t{R t inch equals 40 feel m� rat�Qu�� S ,C t s 3 W � 1 c 35. M 00 z��k tigh{P°Ic NH wm .; w 10 xs C� c° Iigh+Palo a,de� ` o I '�I0.28 pale o.ze east 4.17 i�I� 41a<4+°p paven.en4 .ran pip< found�ronpec� " o.a.s souti. 5 89' 38'49' W C r e e k Survey No. 09 - 27 - 40T - 009 hard iron Refer to abstract, title and locnl ordinances fvr nddi !tonal easements and/or building rest rl cll ens. Compn re all points before using same and at once report any difference. Na representation as to ownarsbip, use or poissssino should be hereon implied. Dec oration is made to the present title owner, the present purchaser and their Title Insurer, and Lender, it is not transferrable to additional institutes or subsequent owners. No rmdarground improvements have beer. located or shown. No dlstence should be assumed by scaling. Snow And tec covern.ay have k6� t.�k;en ee l evl er 14 ing lrnprvvemeo# s. State of Illinois 1 Cnunty of HeHenry ) Ne, Conway Surveying, Inc., do hereby state tbai we have caused the above described property to he surveyed according to the found artifical Plan ionan tation and that the plat bereon drawn is a correct representation of said survey. At Nclienry, this isth day of Janunrrn;,r r, A.D., 1996 ENV 0.I � toot rri� A'Q0 .. *49 2624 ' PROFESSIONAL e>t ' LAND s SUR` E Ci t STnTE for Conway Surveying, Inc lbu�,,.._ Aobart 1. Conway, PL5 35-2624 ''`�� •^:.:. 4405 W. Elm Street, Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: February 15, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Conditional Use Permit to allow an Open Sales Lot and a Variance from the Street Parking Parking and Loading Requirements for the property located at 1112 N Front Street ATT: 1. Location Map 2. Photographs of Site and Surrounding Area 3. Unapproved Planning and Zoning Commission minutes dated January 20, 2016 4. Ordinance approving a Conditional Use Permit to allow an Open Sales Lot and a Variance from the Off -Street Parking and Loading Requirements for the property located at 1112 N Front Street 5. City Council Meeting Minutes dated August 5, 2013 6. Application Packet BACKGROUND: In 2013 Randy Jeschke, owner of Next Auto Sales was granted a conditional use permit to allow an open sales lot at 3706 W Elm and has been very successful selling vehicles at that location. He has moved his business to 1112 N Front Street (former Overton Cadillac Building), which exceeds 10,000 square feet and is a significant increase in lot and building size from his existing location. Mr. Jeschke is seeking a conditional use permit to allow an open sales lot for the leasing and sale of cars and small trucks, in conjunction with his indoor showroom at this location in addition to a variance from the parking and loading requirements at 1112 N Front Street. He was scheduled to appear before the Planning and Zoning Commission on December 16, 2015, however his notice was never published in the newspaper, therefore the case was continued until January 20, 2016. The applicant was granted a temporary use permit by the City Council on December 21, 2015 to allow the outdoor display of vehicles through February 29, 2016. 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ANALYSIS: Attached is diagram depicting the property at 1112 N Front Street, proposed customer parking, outdoor display of inventory and employee parking, as well as photographs A the site. Cars and trucks are located on the southern part of the lot; customer parking is adjacent to the building on the south side and employee parking is located on the east side of the lot. A large portion of the applicant's car sales business is done over the internet, and typically people will make an appointment to stop -in and look at vehicles for sale. The applicant had the lot seal coated and it will be striped when the weather improves. Conditional Use Permit to allow an Open Sales Lot The property is zoned C-5 Highway Commercial District and motor vehicle sales are a permitted use, however open sales lots (outdoor sale of vehicles) requires a conditional use permit. Staff is extremely supportive of the proposed expansion and believes it will not have adverse or deleterious impacts on abutting properties. Currently, the applicant has vehicles displayed inside, as well as outside. The property was formerly utilized as a car dealership and more recently multiple tenants occupied the building. Next Auto is utilizing the entire building and with the orientation of the building and windows it provides an enhancement to the surrounding area. Waukegan Road is a right -in only and IDOT is planning on future roadway improvements, however plans are still being developed. Staff will require the applicant make contact with IDOT to ensure the existing ingress and egress are acceptable. Staff is recommending there is no light trespass particularly onto adjacent residential properties to the north, east and south and minimal security lighting is maintained at all times. Variance from the Off -Street Parking and Loading Requirements The site, prior to being seal coated accommodated 24 parking spaces excluding the area along the southern property line. The zoning ordinance requires 2.5 parking spaces/1,000 square feet of net floor area for an automobile sales use, therefore by ordinance the applicant is required to provide 22 parking spaces. Staff believes this is excessive, as the interior of the building is being used solely for vehicle display and sales, and the applicant will not have more than three or four employees on -site at any one time. When the lot is restriped there will be nine spaces along the east property line and five spaces directly south and adjacent to the building. The inventory space cannot be counted towards meeting the parking requirement, therefore a variance of seven spaces is required. This is a redevelopment of an existing site and parking expansion is not possible. The building was formerly utilized for car sales and many of the applicant's orders are done over the Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Internet, therefore many customers are not on -site for a long period of time. Staff does not believe there will be a parking problem, as long as the five spaces south of the building are maintained as primary customer parking and the nine spaces along the east property line are utilized by employees with overflow for customers if needed. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (M) of the requested conditional use permit to allow outdoor display of vehicles, a variance from the off-street parking and loading requirements and any variances effectuating the aforementioned request at 1112 N Front Street subject to the following conditions: • Outdoor display of leaking vehicles is prohibited. • Outdoor storage of inoperable vehicles, as defined by city ordinances is prohibited. • Vehicles for sale should not impede access or circulation and cannot occupy required customer or employee parking spaces. • Vehicles shall be not loaded or unloaded within Front Street rights -of -way and may be loaded/unloaded in the Waukegan Street right-of-way as -needed but cannot impede vehicular traffic. • All vehicles for display must be located on the Subject Property and within City or State right-of-way. • Approval/confirmation from IDOT on the existing access points shall be obtained. • Parking/striping should generally be delineated as depicted on the site plan attached with employee parking to the east of the building and customer -only parking immediately south and adjacent to the building. • Light trespass to the north, south and east from the subject property shall be prohibited and any after -hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot away from adjacent residential to the north, east and south. • Towing of vehicles shall only be permitted to bring vehicles to and from the site and not as a primary function of the business operation of selling vehicles. • Vehicles displayed shall be kept in an orderly manner. • Use of pennants, streamers, etc. on vehicles being displayed or on the building/site is prohibited unless a variance from the sign ordinance is approved by the City Council. • There shall be no outdoor music or entertainment of any kind without the applicant applying for a temporary use permit. 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • All new lighting standards and any other improvements not speccally addressed herein on the Subject Property shall comply with all applicable City ordinances including complying with minimum parking lot lighting requirements. If the City Council concurs with the Planning and Zoning Commission, it is recommended the attached ordinance authorizing a conditional use permit to allow an open sales lot a variance from the off-street parking and loading requirements subject to the following conditions: • Outdoor display of leaking vehicles is prohibited. • Outdoor storage of inoperable vehicles, as defined by city ordinances is prohibited. • Vehicles for sale should not impede access or circulation and cannot occupy required customer or employee parking spaces. • Vehicles shall be not loaded or unloaded within Front Street rights -of -way and may be loaded/unloaded in the Waukegan Street right-of-way as -needed but cannot impede vehicular traffic. • All vehicles for display must be located on the Subject Property and within City or State right-of-way. • Approval/confirmation from IDOT on the existing access points shall be obtained. • Parking/striping should generally be delineated as depicted on the site plan attached with employee parking to the east of the building and customer -only parking immediately south and adjacent to the building. • Light trespass to the north, south and east from the subject property shall be prohibited and any after -hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot away from adjacent residential to the north, east and south. • Towing of vehicles shall only be permitted to bring vehicles to and from the site and not as a primary function of the business operation of selling vehicles. • Vehicles displayed shall be kept in an orderly manner. • Use of pennants, streamers, etc. on vehicles being displayed or on the building/site is prohibited unless a variance from the sign ordinance is approved by the City Council. • There shall be no outdoor music or entertainment of any kind without the applicant applying for a temporary use permit. • All new lighting standards and any other improvements not specifically addressed herein on the Subject Property shall comply with all applicable City ordinances including complying with minimum parking lot lighting requirements. CI Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Location Map-1112 N Front Street NO NO, NO. FOOP NOV VON N IT TOR IN VON or 40' P VON NO ON ON ;; -' � a• _lid it . 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Photographs of Site and Surrounding Area View looking east at 1112 N Front from Front Street View looking southwest at 1112 N Front from Waukegan Road L Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Unapproved Planning and Zoning Commission Meeting Minutes January 20, 2016 Continued Public Hearing: Randy Jeschke, Next Auto Sales File No. Z-877 1112 Front Street (Illinois Route 31) Conditional Use Permit to allow an Open Sales Lot; Variance from the Off -Street Parking and Loading Requirements and any other Variances required from the Zoning or Subdivision Control and Development Ordinance to allow the use of the Subject Property for automobile and trailer sales and repair Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z- 877, an application for a Conditional Use Permit to allow an Open Sales Lot; Variance from the Off - Street Parking and Loading Requirements and any other Variances required from the Zoning or Subdivision Control and Development Ordinance to allow the use of the Subject Property for automobile and trailer sales and repair as submitted by Randy Jeschke, for the property located at 1112 Front Street (Illinois Route 31), McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on December 23, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Randy Jeschke, Next Auto Sales, 1112 Front St., McHenry, IL and Ron Bykowski, Property Owner, 816 Regner Rd., McHenry, IL who were sworn in by Chairman Strach. Mr. Jeschke provided a summary of the request before the Commission at this Hearing stating they recently expanded and moved their business and are asking for a conditional use permit to allow outdoor sales and display of vehicles at their new location. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating in 2013 Randy Jeschke, owner of Next Auto Sales was granted a conditional use permit to allow an open sales lot at 3706 W Elm and has been very successful 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us selling vehicles at that location. He has moved his business to 1112 N Front Street (former Overton Cadillac Building), which is a significant increase in lot and building size from his existing location. Mr. Jeschke is seeking a conditional use permit to allow an open sales lot for the leasing and sale of cars and small trucks in conjunction with his indoor showroom, in addition to a variance from the parking and loading requirements at 1112 N Front Street. The applicant was granted a temporary use permit by the City Council to allow the outdoor display A vehicles through February 29, 2016. A diagram depicting the property at 1112 N Front Street, proposed customer parking, outdoor display of inventory and employee parking, as well as photographs of the site was presented. The applicant had the lot seal coated and it will be striped when the weather improves. The approval criteria for conditional uses were presented. Staff is extremely supportive of the proposed expansion and believes it will not have adverse or deleterious impacts on abutting properties. Staff will require the applicant make contact with [DOT to ensure the existing ingress and egress are acceptable. Staff believes the use meets the criteria outlined in Table 31 and will recommend there is no light trespass particularly onto adjacent residential properties to the north, east and south and minimal security lighting is maintained at all times. The zoning ordinance requires 2.5 parking spaces/1,000 square feet of net floor area for an automobile sales use, therefore by ordinance the applicant is required to provide 22 parking spaces. Staff believes this is excessive, as the interior of the building is being used solely for vehicle display and sales, and the applicant will not have more than three or four employees on -site at any one time. When the lot is restriped there will be nine spaces along the east property line and five spaces directly south and adjacent to the building. The inventory space cannot be counted towards meeting the parking requirement; therefore a variance of seven spaces is required. This is a redevelopment of an existing site and parking expansion is not possible. The building was formerly utilized for car sales and many of the applicant's orders are done over the Internet, therefore many customers are not on -site for a long period of time. Staff does not believe there will be a parking problem, as long as the five spaces south of the building are maintained as primary customer parking and the nine spaces along the east property line are utilized by employees with overflow for customers if needed. Staff supports this request and believes the criteria outlined in Table 32 have been satisfied. Director of Economic Development Martin stated Staff is recommending approval of a Conditional Use Permit to allow an Open Sales Lot and Variance from the Off -Street Parking and Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Loading Requirements with conditions, as presented, and upon compliance with all conditions listed, staff finds all criteria in Tables 31 and 32 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker asked if customers will park on the South side and only exit onto Waukegan Road or if they will be able to exit onto Front St. Mr. Jeschke replied Waukegan Rd. is the primary exit. Commissioner Thacker also inquired if any neighboring property owners have indicated any conversations with Mr. Jeschke regarding his move. Mr. Jeschke stated that one resident visited his business and welcomed them to the neighborhood. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:40 p.m. Motion by Bromley, seconded by Meyer, to recommend to the City Council with regard to File No. M77, an application for approval of a Conditional Use Permit to allow an Open Sales Lot and Variance from the Off -Street Parking and Loading Requirements on the subject property with the following conditions: 1. Outdoor display of leaking vehicles is prohibited. 2. Outdoor storage of inoperable vehicles, as defined by city ordinances is prohibited. 3. Vehicles for sale should not impede access or circulation and cannot occupy required customer or employee parking spaces. 4. Vehicles shall be not loaded or unloaded within Front Street rights -of -way and may be loaded/unloaded in the Waukegan Street right-of-way as -needed but cannot impede vehicular traffic. 5. All vehicles for display must be located on the Subject Property and within City or State right-of-way. 6. Approval/confirmation from IDOT on the existing access points shall be obtained. 7. Parking/striping should generally be delineated as depicted on the site plan attached with employee parking to the east of the building and customer -only parking immediately south and adjacent to the building. 8. Light trespass to the north, south and east from the subject property shall be prohibited and any after -hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot away from adjacent residential to the north, east and south. 9. Towing of vehicles shall only be permitted to bring vehicles to and from the site and not as a primary function of the business operation of selling vehicles. 0 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 10. Vehicles displayed shall be kept in an orderly manner. 11. Use of pennants, streamers, etc. on vehicles being displayed or on the building/site is prohibited unless a variance from the sign ordinance is approved by the City Council. 12. There shall be no outdoor music or entertainment of any kind without the applicant applying for a temporary use permit. 13. All new lighting standards and any other improvements not specifically addressed herein on the Subject Property shall comply with all applicable City ordinances including complying with minimum parking lot lighting requirements. Be granted and that Tables 31 and 32 of the Zoning Ordinance have been met. Voting Aye: Bromley, Doherty, Vallez, Meyer, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-877 at 7:42 p.m. 10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 16- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT AND A VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR THE PROPERTY LOCATED AT 1112 N FRONT STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Next Auto Sales, 1112 N Front Street, McHenry, IL requesting a Conditional Use Permit to allow an open sales lot and a Variance from the Off -Street Parking and Loading Requirements for the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 20, 2016 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit and Variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit and Variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit to allow an Open Sales Lot and a Variance from the Off -Street Parking and Loading Requirements subject to the following conditions. • Outdoor display of leaking vehicles is prohibited. • Outdoor storage of inoperable vehicles, as defined by city ordinances is prohibited. • Vehicles for sale should not impede access or circulation and cannot occupy required customer or employee parking spaces. 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Vehicles shall be not loaded or unloaded within Front Street rights -of -way and may be loaded/unloaded in the Waukegan Street right-of-way as -needed but cannot impede vehicular traffic. • All vehicles for display must be located on the Subject Property and not within City or State right-of-way. • Approval/confirmation from IDOT on the existing access points shall be obtained. • Parking/striping should generally be delineated as depicted on the site plan attached hereto and incorporated herein as Exhibit "B" with employee parking to the east of the building and customer -only parking immediately south and adjacent to the building. • Light trespass to the north, south and east from the subject property shall be prohibited and any after -hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot away from adjacent residential to the north, east and south. • Towing of vehicles shall only be permitted to bring vehicles to and from the site and not as a primary function of the business operation of selling vehicles. • Vehicles displayed shall be kept in an orderly manner. • Use of pennants, streamers, etc. on vehicles being displayed or on the building/site is prohibited unless a variance from the sign ordinance is approved by the City Council. • There shall be no outdoor music or entertainment of any kind without the applicant applying for a temporary use permit. • All new lighting standards and any other improvements not specifically addressed herein on the Subject Property shall comply with all applicable City ordinances including complying with minimum parking lot lighting requirements. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled; 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: In granting said Variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or buildings) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided bylaw. PASSED THIS DAY OF AYES: NAYS: ABSTAINED: 2016 14 ABSENT: NOT VOTING: APPROVED THIS DAY OF ATTEST: CITY CLERK Department of Community & Economic Development McHenry Municipal Center 2016 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 15 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property Fs: Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit B Site Plan Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City Council Meeting Minutes dated August 5, 2013 Request for a Conditional Use Permit to Allow an Open Sales Lot at 3706 West Elm Street Deputy City Administrator Martin informed the Council that the Applicant, Randy Jeschke, is requesting a Conditional Use Permit to allow a car and truck sales lot on the subject property. Deputy City Administrator Martin stated that Mr. Jeschke is in attendance to answer any questions from Council. Deputy City Administrator Martin noted that a Conditional Use Permit was approved for the property in 2007 for a drive-thru facility, along with a variance reducing the number of required stacking spaces from ten to nine. Bear Creek Coffee was located at the site and operated the drive-thru only coffee kiosk. The business closed in 2010. An additional Conditional Use Permit was approved for a driveAhru in 2012. Subsequently, a drive-thru cigarette shop operated on the property for several months in 2012/2013. The Applicant is proposing an open sales lot. Cars and trucks would be located on the majority of the lot. Customer and employee parking are proposed at the northern end of the property. A good portion of the Applicant's car sales business would be conducted over the internet. Then typically, people will make an appointment to stop in and look at the vehicles for sale. Other potential purchasers would stop by, park and walk around the vehicle display area, which would cover the majority of the lot. The small kiosk building on the property would be utilized as an office. Staff has reviewed the criteria of Table 31 of the Zoning Ordinance and believes the use requested would not generate any more traffic than is otherwise typical by other uses in the zoning district. There would be no adverse environmental impacts. All gas, oil changes and repair work would be conducted off site. Staff believes the use is appropriate at this location and will not negatively impact the surrounding neighborhood. Deputy City Administrator Martin informed Council that the Planning and Zoning Commission recommended approval by a vote of 5 to 1 for an open sales lot at 3706 West Elm Street, in substantial conformance with the site plan with the condition the lighting is shielded to shine directly onto the lot and away from Illinois Route 120, as well as away from Millstream Drive and the apartments to the north and that the glare from the lighting should be minimized to the greatest extent possible. Responding to an inquiry from Alderman Santi, Mr. Jeschke stated that approximately 85% of his business is Internet sales. The hours of operation of the business would be Monday through m Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Friday from 9:00 am to 7:00 pm, Saturday from 9:00 am to 5:00 pm and Sunday the operation would be closed. Responding to Alderman Santi's inquiry regarding whether Mr. Jeschke would be allowed to have ramps on the property to display vehicles, Mr. Jeschke responded that he would like to reserve the ability to have a display ramp. Alderman Glab expressed concerns that there were so many car lots in the City of McHenry. He stated he would be more comfortable if there were a maximum number of vehicles allowed on the lot at any given time. Or. Jeschke responded to Alderman Glab's concerns, stating that the layout presented is just a rough sketch. He assured Council that he intends to display vehicles in a well -organized fashion and the vehicles will be kept off the street. Motion by Santi, seconded by Wimmer, approving a Conditional Use Permit to allow an open sales lot at the property located at 3706 West Elm Street. Voting Aye: Santi, Blake, Wimmer, Peterson. Voting Nay: Glab, Condon. Absent: Schaefer. 19 Narrative For Next Auto Sales f . or E and lease. All signs cow sistent with original Site plans. 1 FORMA 11 PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number - 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 14 J - Name of Applicant. �� 1/T � � L-�� Tel Address / I" %LUG City c Cf %-,� F<' `'( State d Zip (DOO.I G 2. Name of Property Owner (If other than Applicant) � Address ,�) 3. C! 5 City Name of Engineer (If represented) Address City, Name of Attorney (If represented) Address Common Address or Location of Property 6. Requested Actions) (check all that apply} Zoning Map Amendment (Rezoning) Conditional Use Permit Zoning Variance _Other 1 //w)� Tel Zip k�U0 SSG State Zip, Fax gl5'3��-3So� Tel Fax Tel Fax Zoning Variance —Minor Zoning Text Amendment Use Variance yDefinition of Minar Variance: A variance granted to the fee owner, contract purchaser or option balder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page 1 of 3 7. Current Use of Property VA oL 4 /J 8. Current Zoning Clla��ssification of Property, Including Variances or Conditional Uses 9. Current Zoning/Classification and Land Use of Adjoining Properties North: e 6� East: f Qh West: 10. Required Attachments (check all items subnutted) Please refer to the Public Hearing Requirements Checklist to deternune the required attachments. 'Oet® e. � Application Fee (amount) $ `! �> u _ 2. Narrative Description of Request 73. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Affidavit v9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) r/� 13. Site Plan 11. Landscape Plan I5 ArrhitPcat>>ril RPndprina of Riiildinc? Flevntinnc 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis 1 O wner in the Form of an FORM A Page Z of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Annli�ant �r n\x�ner is (�'o�nratinn or PartnPrchi� If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development dcscribcd in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation I to the City Council for the ad ration of nn ordinanee(el arantinQ the regne¢ted awtion(O. inehidinQ any modifieationc to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicants) _ Print Name and Designation of Applicants) FURM A Page 3 of 3 FORIVI� CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry File Number Z�9977 333 South Green Street � McHenry, IL 60050 � Tel: (8 i 5) 363-2170 � Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. 1;lz��e re�,luiEui t�� ��ci1 tti'il�c\e c�,nelili��n� as ii �elates io vc,ur reuuesf. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 60 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of Light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. 3. Neichborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. t L i� /� lo'4,opt /z m Ai ®LAI C FORM C Page ] of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. �. Fuuiii.; Safcly anu i ical[h The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. rL 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. FORM C Page 2 of 2 FORM D �ONINC VARIANCE Planning and Zoning Commission City of McHenry File Number Z 977 333 South Grccn Strcct ^ Mcl lcn�-y, IL 60050 � Tcl: (�15) 363-�170 � Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written fmdings that all of the conditions Listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. l . Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. � r'irc!!�r�ta,ncP� Relate t� Property �?nly Since a variance will affect the character of its surroundings long after a property changes hands; the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. FORM D Page 1 of 3 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or A any other party with interest in the property. / C:� CJ L' 04 a AM% , '4 Crr / 0 '^'-J -6 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. ) i LEI- � %� 'el'111- '�< 6. Necessary for Use of Property The granting of a variance is necessary nut because it will increase the applicant's eCUnOmiC ["etul7l, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. Page 2 of 3 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. �t� 8. Consistent with Zoning Ordinance and Comprehensive an The granting of the variance will. be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. f 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. FORM D Page 3 of 3 RVEY the t 2 of Block 45 N { Lot 11 `n. Tawnsh'P e 'fourth o n 26, in 24 of Ae {`forth Ole to of $ectt 1659 in Booi y original est o ne 14, 2 of e Southw # in Block Rong h recorded ' 1 North, the thereoffourths a{ L026, Township �6tnning at thrge_ Section wit: 9 thence soothe (Juorter of�� follows, to �f 16 feet described �' dis i� Zot 11 th encs d Lot of I,e ay, said Lot l+ne of so Hoe easterly the north parallel with f Z ALSO Therefrom the southerly the 2nc excep 10 (eXcepttng thereofLo and o f Section 26 vorter 0 o s,u1herlyofl t,efee $outhwestaccording to the plat "i o partFrincipal jeridlons Third lltlnoas. FAUNA IRON 81 o county, a o i - .198.001 REC 114. t 132 0' REC 'o ... STORY CoNCR1nTE BLACK 6t11t_AJN6 4 q N i tic! ------q-S LINE OF M,1/4 LOr 11 ,. l32' PEED r � - Acx {rrP:) t i 1 RFC = 66, r 196,00 Ric & �11:As . `�--Po����°�(r�rfi➢�i N. uNE or- rx� s 4 cork. wALL- F�ntcE tTrP-) Ree = ss oc 65..33' +S4EAS FpU1?A Pr% Q : DF9 rI Col? Sys �!n N mr J7 4T ' Y� Orr Irtlet 00 f �� J t&w ro Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: February 15, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances) and a Conditional Use Permit to allow outdoor storage as a principal use (primarily for the rental of U-Haul-type vehicles and equipment) for the property located at 908 N Front Street ATT: 1. Location Map 2. Division of Building at 908 N Front Street 3. Unapproved Planning and Zoning Commission minutes dated January 20, 2016 4. Ordinance approving a Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances) and a Conditional Use Permit to allow outdoor storage as a principal use (primarily for the rental of U-Haul-type vehicles and equipment) for the property located at 908 Front Street 5. ORD424587, Ordinance granting a Conditional Use Permit to allow motor vehicle repair at 908 Front Street Unit D 6. Application Packet BACKGROUND: The building at 908 N Front Street is approximately 15,308 square feet. The front 3,700 square feet of the building is currently used as a taekwondo/fitness facility (Unit A). In 2007 a conditional use permit was approved to allow outdoor storage of vehicles in accordance with an automobile repair facility in Unit D but the business never came to fruition and the conditional use permit expired within 90 days. 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us However, in 2012 at their May / meeting, ORD42-1587 (see attached ordinance) was approved by the City Council granting a conditional use permit for automobile repair for Unit D. Unit C, immediately to the west of Unit D is occupied by an HVAC contractor. The current applicant is seeking to occupy Unit B, immediately adjacent to and east of Unit A and is requesting a conditional use permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances). The proposed business is very similar to the former Northwest Cycle business at this location. The applicant restores motorcycles and will do repair, sell parts and display them primarily inside but may display them outside and bring them in at night. Additionally, the applicant is seeking a conditional use permit to allow outdoor storage, as a principal use for the rental of U- Haul-type vehicles and trailers). U-Haul truck rental is an additional business, whereby U-Haul permits companies to rent U-Haul vehicles and trailers as satellite operations. ANALYSIS: The City Council may recall reviewing the former Alexander building site, slightly to the north and on the west side of Front Street a couple of years ago for auto repair, open sales lot and outdoor storage. The buildings directly to the west of the subject property across Front Street were formerly used for automobile sales and repair. The proposed use of motorcycle repair and sales with ancillary outdoor storage for U-Haul truck rental is compatible with adjacent land uses and will not alter the character of the neighborhood. The building at 908 Front Street is unique in that it's divided into four units similar to shopping center however only Unit A can be seen from Front Street. Each business functions independently of the others. The fitness business in the front provides a good visual appearance or curb appeal and the existing HVAC contractor's office and automobile repair have no frontage but function very well due to the nature of those business in the respective units. The automobile repair business utilizes a fenced -in area east of the building for vehicle storage. In accordance with the zoning ordinance the motor vehicle repair business (Unit D) requires 7 parking spaces. The HVAC office (Unit C) requires 8 spaces; the fitness center (Unit A) 14 spaces and the proposed motorcycle/vehicle sales and repair (Unit B) requires approximately 11. Therefore 40 spaces are required. Approximately 24 striped parking spaces exist on the subject property west and north of the building, however there is additional room to the north for expanding the parking lot. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Unit D parking is east of the building. On the site plan submitted the applicant depicts existing and proposed parking. Staff met with the applicant and is recommending the angled spaces depicted adjacent to Front Street be removed, as there is not sufficient aisle width at that location to meet the dimensional requirements in the zoning ordinance. As a condition of approval the applicant will be required to restripe the parking lot to ensure adequate parking is provided for Units A, B and C. Staff supports the U-Haul trailer and truck rental however, is recommending the total number of trailers and trucks not exceed a total of ten (trucks, trailers or combination thereof cannot exceed a maximum of 10 at any one time) on the subject property. The applicant has depicted truck stacking areas on the north side of the building adjacent to Unit B, and there is additional space for trucks/trailers on the south side of the building, as there are no exterior doors and the trucks can be aligned in tandem. When the lot is restriped the truck and trailer areas will also be required to be striped to ensure adequate parking exists for Units A, B and C. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended (7-0): Approval of a Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances) Conditional Use Permit to allow outdoor storage as a principal use (for the rental of U-Haul- type vehicles and equipment) and any other variances required effectuating the aforementioned request subject to the following conditions: • Outdoor storage of inoperable vehicles, as defined in the City's Municipal Code is prohibited. • All vehicles which may potentially leak automobile fluids shall be stored inside only. • Outdoor storage of U-Haul trucks and trailers shall not exceed a total of ten at any one time on the subject property. • Applicant shall restripe parking for Units A, B and C as well as U-Haul truck and trailer storage areas no later than June 30, 2016. • Outside display of merchandise cannot occupy any required off-street parking spaces. • All motorcycle/vehicle repair and/or body work shall be limited to the interior of the building. 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us If the City Council concurs with the Planning and Zoning Commission, it is recommended the attached ordinance authorizing a Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances) and a Conditional Use Permit to allow outdoor storage as a principal use (for the rental of U-Haul-type vehicles and equipment) and any other Variances required effectuating the aforementioned request at 908 N Front Street be approved subject to the following conditions: • Outdoor storage of inoperable vehicles, as defined in the City's Municipal Code is prohibited. • All vehicles which may potentially leak automobile fluids shall be stored inside only. • Outdoor storage of U-Haul trucks and trailers shall not exceed a total of ten at any one time on the subject property. • Applicant shall restripe parking for Units A, B and C as well as U-Haul truck and trailer storage areas no later than June 30, 2016. • Outside display of merchandise cannot occupy any required off-street parking spaces. • All motorcycle/vehicle repair and/or body work shall be limited to the interior of the building. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Location Map 908 N Front Street 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Division of Buildinr2 CI 908 N Front C Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City %J McHenry Unapproved Planning and Zoning Commission Meeting Minutes January 20, 2016 Public Hearing: American Customs Inc. File No. Z-882 Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances); and Conditional Use Permit to allow outdoor storage as a principal use (primarily for the rental of U-Haul-type vehicles and equipment) and any other Variances required effectuating the aforementioned request on the Subject Property located at 908 N. Front Street (Illinois Route 31), McHenry, IL Chairman Strach called the Public Hearing to order at 7:53 p.m. regarding File No Z- 882, an application for a Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances) and a Conditional Use Permit to allow outdoor storage as a principal use (primarily for the rental of U-Haul-type vehicles and equipment) and any other Variances required effectuating the aforementioned request as submitted by American Customs, Inc., applicant, and Mary Brunner, owner, for the property located at 908 N. Front Street, Unit B, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on January 5, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Don Stelling, 27990 N Converse Rd, Island Lake, IL who was sworn in by Chairman Strach. Mr. Stelling provided a summary of the request before the Commission at this Hearing stating he is requesting a conditional use permit to run a motorcycle repair and sales and U-Haul rental business at 908 Front Street. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the whole property is approximately 1.3 acres located at 908 N Front Street and is divided into several units. Unit B, the subject property, is 6,600 square feet 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us and is in the middle of the building. The property is currently zoned C-5 Highway Commercial District. The building at 908 N Front Street is approximately 15,308 square feet. The front 3,700 square feet of the building is currently used as a taekwondo/fitness facility (Unit A). In 2007 a conditional use permit was approved to allow outdoor storage of vehicles in accordance with an automobile repair facility in Unit D but the business never came to fruition and the conditional use permit expired within 90 days. However, in 2012, an ordinance was approved by the City Council granting a conditional use permit for automobile repair for Unit D. Unit C, immediately to the west of Unit D is occupied by an HVAC contractor. The current applicant is seeking to occupy Unit B, immediately adjacent to and east of Unit A and is requesting a conditional use permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances). The proposed business is very similar to the former Northwest Cycle business which was previously at this location but has moved out of the city limits. The applicant restores motorcycles and will do repair, sell parts and display them primarily inside but may display them outside and bring them in at night. Additionally, the applicant is seeking a conditional use permit to allow outdoor storage, as a principal use for the rental of U-Haul-type vehicles and trailers. U-Haul truck rental is Cl" additional business, whereby U-Haul permits companies to rent U-Haul vehicles and trailers as satellite operations. The proposed use of motorcycle repair and sales with ancillary outdoor storage for U-Haul truck rental is compatible with adjacent land uses and will not alter the character of the neighborhood. The building at 908 Front Street is unique in that it's divided into four units. Each business functions independently of the others. The fitness business in the front provides a good visual appearance or curb appeal and the existing HVAC contractor's office and automobile repair have no frontage but function very well due to the nature of those business. The automobile repair business utilizes a fenced -in area east of the building for vehicle storage. In accordance with the zoning ordinance, about 40 parking spaces are required. Approximately 24 striped parking spaces exist on the subject property west and north of the building, however there is additional room to the north for expanding the parking lot. Unit D parking is east of the 0 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us building. On the site plan submitted the applicant depicts existing and proposed parking. Staff met with the applicant and is recommending the angled spaces depicted adjacent to Front Street be removed, as there is not sufficient aisle width at that location to meet the dimensional requirements in the zoning ordinance. As a condition of approval the applicant will be required to restripe the parking lot to ensure adequate parking is provided for Units A, B and C. Staff supports the U-Haul trailer and truck rental however, is recommending the total number of trailers and trucks not exceed a total of ten (trucks, trailers or combination thereof cannot exceed a maximum of 10 at any one time) on the subject property. When the lot is restriped the truck and trailer areas will also be required to be striped to ensure adequate parking exists for Units A, B and C. Director of Economic Development Martin stated Staff is recommending approval of a Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances); as well as a Conditional Use Permit to allow outdoor storage as a principal use (for the rental of U-Haul-type vehicles and equipment) and any other Variances required effectuating the aforementioned request on the subject property subject to the conditions as presented, and staff finds that the requirements of Table 31 of the Zoning Ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer asked Mr. Stelling if he agreed with the restrictions requested by Staff, to which Mr. Stelling replied he did. Commissioner Doherty asked if the neighboring business units approve of or have issue with the parking issues discussed. Mr. Stelling stated none of the neighboring units had any issues with his request. Commissioner Thacker asked if the restoration work they will do will include painting, stating a concern for proper ventilation. Mr. Stelling stated there will not be any painting done on -site. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 8:00 p.m. Commissioner Meyer asked what amount of retail business is done by the business. Mr. Stelling stated they do very little retail business; mostly service and restoration work is done. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Bromley asked if Mr. Stelling has operated a U-Haul business in the past. Mr. Stelling stated he has worked with U-Haul for years. Motion by Meyer, seconded by Bromley, to recommend to the City Council with regard to File No. Z-882 approval of a Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances); as well as a Conditional Use Permit to allow outdoor storage as a principal use (for the rental of U-Haul- type vehicles and equipment) and any other Variances required effectuating the aforementioned request on the subject property, subject to the following conditions: 1. Outdoor storage of inoperable vehicles, as defined in the City's Municipal Code is prohibited. 2. All vehicles which may potentially leak automobile fluids shall be stored inside only. 3. Outdoor storage of U-Haul trucks and trailers shall not exceed a total of ten at any one time on the subject property. 4. Applicant shall restripe parking for Units A. B and C as well as U-Haul truck and trailer storage areas no later than June 30, 2016. 5. Outside display of merchandise cannot occupy any required off-street parking spaces. 6. All motorcycle/vehicle repair and/or body work shall be limited to the interior of the building; Be granted and that the requirements of Table 31 of the Zoning Ordinance have been met. Voting Aye: Bromley, Doherty, Vallez, Meyer, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-882 at 8:05 p.m. Fri Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 16- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE AND TRAILER REPAIR AND MOTOR VEHICLE BODY SHOP AND AN OPEN SALES LOT, (REPAIR AND BODY WORK, INCLUDING REBUILDING AND RESTORATION AS WELL AS OUTSIDE DISPLAY AND SALE PRIMARILY OF MOTORCYCLES AND APPURTENANCES) AND A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AS A PRINCIPAL USE (PRIMARILY FOR THE RENTAL OF U- HAUL-TYPE VEHICLES AND EQUIPMENT) AT 908 N FRONT STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by American Customs, Inc., 908 Front Street Unit B, McHenry, IL 60050 requesting approval of a Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances) and a Conditional Use Permit to allow outdoor storage as a principal use (for the rental of U-Hauktype vehicles and equipment) for the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 20, 2016 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permits; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permits 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 PROEPRTY is hereby granted Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances) in Unit B and a Conditional Use Permit to allow outdoor storage as a principal use (primarily for the rental of U-Haul-type vehicles and equipment) subject to the following conditions: • Outdoor storage of inoperable vehicles, as defined in the City's Municipal Code is prohibited. • All vehicles which may potentially leak automobile fluids shall be stored inside only. • Outdoor storage of U-Haul trucks and trailers shall not exceed a total of ten at any one time on the subject property. • Applicant shall restripe parking for Units A, B and C as well as U-Haul truck and trailer storage areas no later than June 30, 2016s • Outside display of merchandise cannot occupy any required off-street parking spaces. • All motorcycle/vehicle repair and/or body work shall be limited to the interior of the building. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled; 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflic5t. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2016 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: CITY CLERK DAY OF 2016 13 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property 14 ORDINANCE 114O.ORD�12-1;307 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE REPAIR AND OUTDOOR STORAGE FOR THE PROPERTY LOCATED AT 908 N FRONT STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been f led with the City by Rene Sanchez requesting a Conditional Use Permit to allow motor vehicle repair and outdoor storage for the property located at 908 N Front Street and 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 April 1% 2012 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit 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 a conditional use permit to allow motor vehicle repair and outdoor storage subject to the following conditions: 1. The conditional use permit shall not be considered active until the applicant is issued a certificate of occupancy for the building space proposed to be utilized; and 2. Outdoor storage area shall be completely secured with some type of security control/device during non -business hours or other minimal lighting in compliance with City ordinances; and 3. Outdoor storage of inoperable vehicles, as defined in the City's Municipal Code shall be prohibited; and 4. All vehicles which may potentially leak automobile fluids shall be stored inside only; and 5. Outdoor storage area must remain enclosed utilizing a 100% opaque fence and shall be limited to storage of motor vehicles; and 6. Automobile repair shall generally be limited to inside the building, but shall be strictly prohibited outside the confines on the fenced4n area; and 7. If a vehicle is required to remain more than five days on the premises following: its repair it shall be stored inside of the building. SECTION 2: in granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: l . Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled; " 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; S. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public u1 the vicinity; and 6. The pxoposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. 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 %J the corporate authorities of the City of Mcllenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided bylaw. PASSED THIS 7TH DAY OF MAY, 2012 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: Sand, Glab, Schaefer, Blake, None None None None APPROVED THIS 7TH DAY OF MAY, 2012 ATTEST: Winuner, Peterson, Condon Exhibit A Legal Description of the SUBJECT PROPERTY The property is legally described as follows: Parcel 1: That part of Outlot 5 described as follows: commencing at the northeasterly corner of Sublot 1 of Outlot 5 aforesaid and also bring the northwesterly corner of Sublot 3 of said Outlot 5; thence north 75 degrees 32 minutes west along the northerly line of said Outlot 5, a distance of 20.56 feet; thence southerly parallel with the westerly lines of Sublots 2 and 3 of said Outlot 5, for a distance of 40 feet for a place of beginning, thence north 78 degrees, 57 minutes west, 346.16 feet to an intersection with the easterly line of state highway 31; thence southerly on a curved line to the left (radius of 3468 feet) and being along the easterly boundary of said state highway, a distance of 120 feet to a point, thence south 85 degrees and 37 minutes east 350 feet to appoint; thence north parallel with the westerly boundary line of Sublots 2 and 3 of said Outlot 5, 80 feet to the point of beginning, of West McHenry, being a subdivision of part of the northwest quarter of Section 35, Township 45 North, Range 8 East of the third principal meridian, according to the plat thereof recorded June 14, 1859, in Book 24 of Deeds, Page 22, in McHenry County, Illinois. Also, Parcel 2: The northerly 16 feet of the following described property: part of Sublot 1 of Outlot 5 of the original plat of West McHer!+y, situated in the nnrtlywest quarter of Section 35, township 45 North, Range 8 East of the third principal meridian according to the plat thereof recorded June 147 1859 in Book 24 of Deeds Page 22 described as follows: commencing at the northeasterly corner of Sublot 1 of Outlot 5 and also being the northwesterly corner of Sublot 3 of Outlot.5; thence north 75 degrees 32 minutes west along the northerly line of said Outlot 5; a distance of 20.56 feet; thence southerly parallel with the westerly boundary of Sublots 2 and 3 of said Outlot 5, a distance of 120 feet to a point for a place of beginning; thence southerly on a continuation of the last described line, 50.08 feet; thence north 85 degrees 37 minutes west 352.15 feet more or less to an intersection with the easterly right-of-way line of the state highway 31; thence northerly on a curved line to the right (radius of 3468 feet) and being along said right-of-way line 50 feet; thence south 85 degrees 37 minutes east, 350 feet to the place of beginning, in McHenry County, Illinois. Also, Parcel 3: Part of Sublot 1 of Outlot 5 of the original plat of West McHenry, situated in the northwest quarter of Section 35, Township 45 North, Range 8 East of the third principal meridian, according to the plat thereof recorded June 14, 1859 in Book 24 of Deeds, Page 22 described as follows: commencing at the northeasterly corner of Sublot 1 of said Outlot 5 and also being the northwesterly corner of Sublot, 3 of Outlot 5% thence north 75 degrees 32 minutes west along the northerly line of said Outlot 5, 20.56 feet to a point for a place of beginning; thence southerly parallel with the westerly boundary of Sublot 3 of Outlot 5 aforesaid, a distance of 40 feet to a points thence north 78 degrees 57 minutes west 346.16 feet to an intersection with the easterly boundary of state highway 31; thence northeasterly along the easterly boundary of said state highway, being on a curved line to the right (radius of 3468 Feet) and being along the easterly boundary of said state highway, a distance of 60 feet to an intersection with the northerly line of Sublot 1 of Outlot 5 aforesaid; thence south 75 degrees 32 minutes east 344.5 feet to the place of beginning, in McHenry County, Illinois. Property Index Numbers of the subject property are 09-35-105-002 and 09-35405-003. File Number PUBLIC HEARING TION Planning and Zoning Commission City of McHenry 333 South Green Street G McHenry, IL 60050 o Tel: (815) 363-2170 a Fax: (815) 363-2173 j 1. Name of Applicant 2. 3. Address % U City, Name of Property Owner (If other Address �G' 12 rYzS Tx Tel �� �6G/vLLL�� t Fax �,�s State -dip �0 Cite �� �� State Zips Name of Engineer (If represented) Address City, 4. Narne of Attorney (If represented) Address State Zip 5. Common Address or Location of Property 6. Requested Actions) (check all that apply) ,T Zoning Map Amendment (Rezoning) Conditional Use Permit Zoning Variance ____Other Fax Tel Fax Tel _____ Zoning V ariance —Minor � .," Zoning Text Amendment Use Variance *Definition of Minor �Iariance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page 1 of 3 7_ Current Use of Property lZw r.� -/_ /S AA A�'s����`� GL 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: East: West: 10. Required Attachments .(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request �3. FORM A — Public Hearing Application 4. FORM B - Zoning Map Amendment (Rezoning) Application _�5. FORM C - Conditional Use Application 6. FORM D - Zoning Variance Application FORM E — Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORMA Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered Lite Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a -land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to considet this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) V FORMA Page 3 of 3 FORM C CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry File Number 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (813) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. / G e�GlCoe 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects i a type or degree not characteristic of permitted uses in the zoning distri f ct have been appropriately controlled. t— v 3. Neighborhood Character The proposed use will fit harmoniously .with the existing natural or manmade character of its surroundings and with permitted uses in the zoning district. The use 4ill not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. U. FORM C Page 1 of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. /./� 5. —1-L .> .GLltz.F`' �WLWe-) �,� � c��y�/iG J'. �-?/ s�2G c s'n!��i� GZ�li 5. Public Safety and l-iealth The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. FORM C Page 2 of 2 McHenry Taekwondo Academy 908 N. Front St. McHenry, I1.60050 815-344-2027 December 21, 2015 To whom it may concern, This letter authorizes American Customs owned by Don Stelling, to open his business on my property at 908 North Front St., McHenry, I1. 60050 Please feel free to contact me at the above number should you have any questions. 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Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: February 15, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Use Variance to allow motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction a motor vehicle and trailer repair and body shop at 1401 North Drive ATT: 1. Location Map 2. Photographs of Site and Surrounding Area 3. Unapproved Planning and Zoning Commission minutes dated January 20, 2016 4. Ordinance approving a use variance to allow a Use Variance to allow a motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with a motor vehicle and trailer repair and body shop at 1401 North Drive 5. Application Packet BACKGROUND: In 2011 Best Way Towing was granted a conditional use permit to allow outdoor storage in conjunction with a towing operation at 1319 North Drive immediately south of the subject property and since that time another towing operation has moved into the building and utilizes the property for the same purpose. The subject property is located in an older industrial area with a mix of more intense industrial - related uses which in the past have included: waste hauling, repair and towing facilities, moving company, heating and cooling business, etc. The location is bordered to the east by a residentially -zoned area, and to the south, west, and north, many different industrial uses have located there in the past. Official Heating and Cooling formerly occupied the building at 1401 North Drive. Advanced Fleet Repair, http://www.advancedfleetrepair.com/, is currently 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us located in Crystal Lake and seeking to relocate to the City of McHenry. They specialize in repair of fleet vehicles, trucks, diesel engines, etc. ANALYSIS: In the City's zoning ordinance, motor vehicle repair and body work is not a permitted or conditional use in the I-1 district; therefore, a use variance is being sought to allow motor vehicle and trailer repair and body work and outdoor storage of vehicles on the subject property. The storage area behind the principal building abuts another property where vehicles are stored outside. There are existing gates prohibiting general public access to the rear yard. Currently a portion of the area west of the building is paved. Some of the adjoining businesses maintain gravel yards. Staff also recommends all inoperable vehicles be kept indoors, as well as any vehicles posing an imminent threat of ground contamination due to leaking fluids. The subject property is located within an older industrial area which, on the west of North Drive, has historically been and remains to be industrial in nature. North Drive provides a distinct physical boundary between the industrial uses on the west and residential to the east. The proposed use is consistent with the trend of development on the west side of North Drive. Additionally, this area is unique in that it's a somewhat segregated and an isolated area of industrial uses; therefore, the uses which locate here must have an established customer base. Advanced Fleet Repair would be new to the City of McHenry and has been in existence for over two decades. Advanced Fleet also has an established customer base in the City of McHenry. Staff believes this an appropriate use for the site. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (7-0) of the requested use variance to allow a motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with a motor vehicle and trailer repair and body shop at 1401 North Drive and any other variances required effectuating the aforementioned request with the following conditions: • The property shall be cleared of any miscellaneous debris. • There shall be no storage of anything other than vehicles which are directly -tied to the business on the property (those associated directly associated with the business and those being repaired). • The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing on unpaved areas, and vehicles stored in an orderly manner. • All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only. 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Minimal security lighting shall be maintained to the west of the building, within the storage area. • There shall be no light trespass to the residential area to the east. • All repair work shall be completed inside the building. • Vehicle storage shall be located to the west of the building and enclosed within a fenced -in area. If the City Council concurs with the Planning and Zoning Commission, it is recommended the attached ordinance authorizing a use variance to allow a motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with a motor vehicle and trailer repair and body shop at 1401 North Drive be approved subject to the following conditions. • The property shall be cleared of any miscellaneous debris. • There shall be no storage of anything other than vehicles which are directly -tied to the business on the property (those associated directly associated with the business and those being repaired). • The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing on unpaved areas, and vehicles stored in an orderly manner. • All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only. • Minimal security lighting shall be maintained to the west of the building, within the storage area. • There shall be no light trespass to the residential area to the east. • All repair work shall be completed inside the building. • Vehicle storage shall be located to the west of the building and enclosed within a fenced -in area. 3 o� r.� �oR aN�n✓ Ir2- - 1401 North Drive Iris VOW Y. 1 LL ARBRUUM.STREET Ali MASON §- 4 ..- -- •-, __ qrp IF Am Pao F' jai l uy Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Photographs of Site and Surrounding Area View of Subject Property looking west from Clearbrook Street IL View looking north on North Drive 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Unapproved Planning and Zoning Commission Meeting Minutes January 20I 2016 Public Hearing: Ben Fossler, Advanced Fleet Repair File No. Z-883 1401 North Drive Use Variance to allow motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with the above -referenced land use, and any other Variances required to effectuate the aforementioned request on the subject property. Chairman Strach called the Public Hearing to order at 8:07 p.m. regarding File No Z- 883, an application for a Use Variance to allow motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with the above -referenced land use and any other Variances required to effectuate the aforementioned request as submitted by Ben Fossler, Advanced Fleet Repair, for the property located at 1401 North Drive, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on January 5, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Mr. Ben Fossler, 732 Tek Dr., Unit F, G and H, Crystal Lake, IL and Mr. Richard Fossler, 315 N. Timothy Lane, McHenry, IL who were sworn in by Chairman Strach. Mr. Fossler provided a summary of the request before the Commission at this Hearing stating they are requesting a use variance for 1401 North Drive in McHenry in order to be able to move their business presently located in Crystal Lake to McHenry. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is currently zoned I-1 Industrial District and contains a vacant building consisting of approximately 6,700 square feet. Customer parking is located adjacent to the east side of the building. In 2011 Best Way Towing was granted a conditional use permit to allow outdoor storage in conjunction with a towing operation at 1319 C� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us North Drive immediately south of the subject property and since that time another towing operation has moved into the building and utilizes the property for the same purpose. The subject property is located in an older industrial area with a mix of more intense elated uses uses which in the past have included: waste hauling, repair and towing facilities, moving company, heating and cooling business, etc.; however the location is bordered to the east by a residentially -zoned area. The applicant, Advanced Fleet Repair, is currently located in Crystal Lake but seeking to relocate to the City of McHenry. They specialize in repair of medium sized fleet vehicles, trucks, diesel engines, etc., not huge commercial vehicles. In the City's zoning ordinance, motor vehicle repair and body work is not a permitted or conditional use in the 1-1 district; therefore, a use variance is being sought to allow motor vehicle and trailer repair and body work and outdoor storage of vehicles on the subject property. There are existing gates prohibiting general public access to the rear yard. Currently a portion of the area west of the building is paved. Some of the adjoining businesses maintain gravel yards. Staff also recommends all inoperable vehicles be kept indoors, as well as any vehicles posing an imminent threat of ground contamination due to leaking fluids. In accordance with the zoning ordinance, the requirements/conditions of Table 32(A) needing to be satisfied in order for a use variance to receive a positive recommendation from the Commission were presented. The subject property is located within an older industrial area which, on the west of North Drive, has historically been and remains to be industrial in nature. North Drive provides a distinct physical boundary between the industrial uses on the west and residential to the east. The proposed use is consistent with the trend of development on the west side of North Drive. Additionally, this area is unique in that it's a somewhat segregated and an isolated area of industrial uses; therefore, the uses which locate here must have an established customer base. Advanced Fleet Repair would be new to the City of McHenry and has been in existence for over two decades. Advanced Fleet also has an established customer base in the City of McHenry. Staff believes this an appropriate use for the site. Director of Economic Development Martin stated Staff is recommending approval of a Use Variance to allow motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with the above -referenced land use and any other Variances effectuating the aforementioned request at 1401 North Drive subject to the conditions as presented, and staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Meyer asked if the business in Crystal Lake will close down if they move to McHenry and whether or not they have contracted clients. Mr. Fossler stated they will close the Crystal Lake business adding the McHenry property has more space and is a better location for their clients. Commissioner Doherty opined this business would be a good fit for the area. Commissioner Thacker asked why the outside storage was necessary and what will be stored outside. Mr. Fossler stated basically it would be vehicles next in line to be repaired and vehicles waiting to be picked up. He further stated they have only 34 employees who will park in front and do not typically deal with off -the -street public traffic but rather fleet managers. Vehicles to be worked on would be kept in the fenced -in lot area. Commissioner Meyer asked if the McHenry location is similar in size to the Crystal Lake location. Mr. Fossler stated this will be a good growth move because there is more space at the McHenry location. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 8:12 p.m. Motion by Meyer, seconded by Bromley, to recommend to the City Council with regard to File No Z- 883, an application for a use Variance to allow motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with the above -referenced land use and any other Variances effectuating the aforementioned request at 1401 North Drive subject to the following conditions: 1. The property shall be cleared of any miscellaneous debris. 2. There shall be no storage of anything other than vehicles which are directly -tied to the business on the property (those associated directly associated with the business and those being repaired). 3. The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing on unpaved areas, and vehicles stored in an orderly manner. 4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only. 5. Minimal security lighting shall be maintained to the west of the building, within the storage area. 6. There shall be no light trespass to the residential area to the east. 7. All repair work shall be completed inside the building. f3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 8. Vehicle storage shall be located to the west of the building and enclosed within a fenced -in area; and Be granted and that all requirements in Table 32(A) of the zoning ordinance have been satisfied. Voting Aye: Bromley, Doherty, Vallez, Meyer, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-883 at 8:15 p.m. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO.ORD-16- AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A MOTOR VEHICLE AND TRAILER REPAIR AND BODY SHOP, AS WELL AS OUTDOOR STORAGE IN CONJUNCTION WITH A MOTOR VEHICLE AND TRAILER REPAIR AND BODY SHOP AT 1401 NORTH DRIVE IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Ben Fossler, Advanced Fleet Repair, 732 Tek Drive Units F, G and H, Crystal Lake, IL 60014 requesting a use variance to allow a motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with a motor vehicle and trailer repair and body shop on the SUBJECT PROPERTY, legally described on Exhibit A, attached hereto and incorporated herein; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 20, 2016 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of a use variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested use variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The SUBJECT PROPERTY is hereby granted a use variance to allow Use Variance to allow motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with a motor vehicle and trailer repair and body shop subject to the following conditions: 10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • The property shall be cleared of any miscellaneous debris. • There shall be no storage of anything other than vehicles which are directly -tied to the business on the property (those associated directly associated with the business and those being repaired). • The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing on unpaved areas, and vehicles stored in an orderly manner. • All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only.. • Minimal security lighting shall be maintained to the west of the building, within the storage area. • There shall be no light trespass to the residential area to the east. • All repair work shall be completed inside the building. • Vehicle storage shall be located to the west of the building and enclosed within a fenced -in area. SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) 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. 4) 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. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed and approved this th day of , 2016 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: ATTEST: CITY CLERK MAYOR 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of Subject Property 13 Advance Fleet Repair, Inc is a Crystal Lake business that specializes in auto and truck repair for local businesses and individuals. Our specialty is brakes, suspension, electrical and engine work, always with the goal of get- ting the vehicle back to the customer as quickly as possible. We are request- ing a use variance for 1401 North Drive to allow motor vehicle repair and ser- vice work. We currently have 2 mechanics, an office assistant and myself. We have op- erated from our current location in Crystal Lake for 3 years this March and with several good customers located in McHenry, moving here is a natural progression for our business. Thank you for your consideration, Benjamin Fossler President /Advanced Fleet Repair, Inc Cell 815-970=0578 — Shop 815-459-3400 FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z-883 333 South Green Street � McHenry, 1L 60050 � Tel: (81S) 363-2170 � Fax: (81S) 363-2173 cell 815-970-0578 Name of Applicanpen Fossler Advanced Fleet Repair, IncTel 815459-3400 Address 732 Tek Drive, Unit F. G and H Fax 888-315-3201 city Crystal Lake state_jj__zip 60014 2. Name of Property owner Adam Kern -Official Heating & Tel- 815-404-4634 (If other than Applicant) Cooling Address 5214 Route 31 9 Fax 815-344-0800 city_ Crystal Lake state�zip�012 3. Name of Engineer (If represented) Address City 4. Name of Attorney (If represented) Address State Zip, Tel Fax Tel Fax 5. Common Address or Location of Properly 1401 North Drive, McHenry, IL 60050 0 moved to Crystal Lake. Requested Action(s) (check all that apply) — Zoning Map Amendment (Rezoning) —Conditional Use Permit _ Zoning Variance Other ._ Zoning Variance —Minor _ Zoning Text Amendment � Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page 1 of 3 7. Current Use of Property Currently a vacant 6,700 SF building Was previously occupied by Official Heatinq and Coolinq where it's service trucks were stored and loaded with supplies Additionly was used to servoe 8. Current Zoning Classification of Property, Including Variances or Conditional Uses equipment. I-1 Industrial 9. Current Zoning Classification and Land Use of Adjoining Properties Nora,: I-1 Industrial south: I-1 Industrial East: RS4 High Density west: I-1 Industrial Single Family Residential 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X Js Application Fee (amount) $ -950.00 X 2. Narrative Description of Request _X___3. FORM A — Public Hearing Application 4. 1 FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application X 7. FORM E — Use Variance Application X Ja Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X J0. List of Owners of all Adjoining Properties _ X l 1. Public Hearing Notice X J26 Sign (Provided by the City, to be posted by the Applicant) X 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A Page 2 of 3 I. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant USE be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this properly and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Flanning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(, Print Name and Designation of Applicants) Benjamin Fossler Advanced Fleet Repair, Inc. l�ouM A Page 3 of 3 �W 4 FORM E USE VARIANCE Planning and Zoning Commission City of McHenry Z-883 Fite Number 333 South Green Street � McHenry, IL 60050 a Tel: (815) 363-2170 a Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that alt of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request 1. Practical Difficulties or Particular Hardshin The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. t: Some of Advance Fleet Repair customers have "suggested" that we move to a McHenry location. One of his biggest customers, Black Diamond Plumbing has requested he get closer to their new location on Miller Parkway in McHenry. McHenry Heating and Air has the same issue, J-2 concrete has always encouraged a move closer to it's Johnsburg location. With his current lease up in March, we has found no other suitable location in McHenry at this point. 2. Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. The current building owner and now landlord, Adam Kern, had two reasons he relocated his business. First he needed to get exposure with a high traffic count and the 1401 building has very little curb appeal, it is unimpressive. Now with the building vacant he is having trouble leasing it. The adjacent businesses that surround this property has discouraged most interest in this building for any use other then vehicle repair work. 3. Undue Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. _Although the property is 2 blocks off of route 120, it's in such an isolated area without any traffic and visibility, it is a difficult building to find or lease. This is the main reason that most the industrial buildings in the immediate area have turned _into vehicle repair and storage operations. This area has difficulties leasing to anything else, otherwise they would all be vacant. FORM E Page 1 of 2 4. Not Alter Local Character The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. The immediate industrial area is almost entirely Truck & Auto repair and storage. The area has had a long history of motor vehicle repair and this particular building was a service garage for Waste Management trucks for maw years The "Borden" adjacent property to the west has a truck/hauling business Auto and Truck repair is not a new or misuse of this facility 5. _ Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. Looking at the area that is almost entirely truck &auto service and the long history with it, makes it very challenging to say this isn't a legitimate use of this FORM E Page 2 of 2 enerel Affidavit 12y2�T�,015 State of Illinois County of McHenry Om C1111 Kern hereby swear and affirm as fcallaws: That I am the owner of the property and building at 1�t0 North drive, Mchenry, IL, l preciously ran my business, official Heating and Cooling from the location and the building is now Vacant. That 1 grant authority to Oenjamin F+yssler of Advanced Fleet Repair td ma4e applicatic,n to the City of McHenry for a conditional us:., request of the property for his motor vehicle repair business and modification$ that might be needed. His business will be relocated to the Mchenry location from Crystal Lake. Adan Kern Di fficial Heating and Coding 5214 Route 31 Crystal Labe, IL 60012 :ell 8154044634 Fax 815-344-0800 adam ofPicialhvac.c SETA - ASCM EA�J D TITEE SU � �/EY 1 �-C}1 North Drive; M�Nenry, I� X y >u.' ;80 i. NcesROrNre. LLC: Fkunr+$IftY. &u:dc, NA,� FBad44 A;y/;y�f T;ye Ylrsu Mewfih�fnrd Hiia emrp+K FJ��(arr3;hu.sa yonyvbkkitu&1mMrwrolrtrY4;. in uc42Wer![u uiRl thl• :Gtf M1li/YnNNr SI+w�WrNC6LVPRtGuregk,hlvhLTAliCSAtl�rp(TUM.ScnaY+: W+rIA`eswNW�YtfiC r �tMby.v'TA vMNSFS;. ruM:mM.aec Y.urxet Y?. A e�rrU Jl W 7p1AbA Nc�a4l. fie feyf Mark kos DAl'ED'tFgS 2]urdaY ct SepmtNw:, ?91 t r_r AAn=ts� pisasxve� N f 1- 28239 90' PtX OQ-IMS-JwoewwWW4 OWWZk L W4 M PAMAr t iru�u w 1 a!$tji 1 21400 C Psi: 09- �• 1 01VE- STORY CONC, BLOCK BUILDING N 89'S6'•IQ" 8 4VAF003' Rso. dt Sst a• y a +i f� METAL BUILDING t �sv. 7 • .ate. 0 0 h:Q 4 r4 Parcel Number Owner Mail To Address 1 Mail To City Site Address Street 09-26-307-001 JOHN R CHERYL A SAENZ 3915 CLEARBROOK AVE MCHENRY, IL 600504307 1406 NORTH DR 09-26-308-001 EDWARD J JR TR NEUMANN 308 N COUNTRY CLUB DR MCHENRY, IL 60050 1309 N BORDEN 09-26-308-002 EDWARD J JR TR NEUMANN 308 N COUNTRY CLUB DR MCHENRY, IL 60050 N BORDEN 09-26-308-004 Paul and Judy Dreiske 2316 N ORCHARD BEACH RD MCHENRY, IL 60050 1319 N NORTH DR 09-26-308-014 Lona M. Patzke 3015 W SCOTTAVE MCHENRY, IL 60050 NORTH DR 09-26-309-001 ROBERTJ DEBRA A WELTER Highlighted Parcel is Subject Property: 1401 North Drive 3923 CLEARBROOK MCHENRY, IL 60050 3923 CLEARBROOK AVE Plumbing • Sewer • Electric ° HVAC December 31, 2015 To �Vho�n It May Concern, Advanced Fleet Repair is otu• primary vehicle service provider for oLu fleet of 70+ vehicles. His presence in the City of McHenry would be beneficial to us as it would be in closer proximity to our location. _Sincerely, __ _ _ __ _ _ .__ . _._ . _ _ David Growney Executive Director 748 Tek Drive • Crystal 1,ake, IL • 60014 • P: 815-444-0979 • F: 8IS-444-6675 www.BlackDiamondToday.com Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: February 15, 2016 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Worl<s RE: Curran Road/Bull Valley Road Improvements Phase III Engineering ATT: 1) IDOT's Construction Engineering Services Agreement for Federal Participation 2) IDOT's Local Agency Agreement for Federal Participation 3) Resolution approving Intergovernmental agreement with State of Illinois and City of McHenry BACKGROUND: At the September 14, 2015 City Council Meeting, the City Council authorized an agreement with HR Green for Phase II engineering for the improvements to Curran Road/Bull Valley Road. The proposed improvements consist of signalized intersection with capacity improvements, widening, hot -asphalt resurfacing with binder course and surface course, aggregate shoulders, pavement patching, minor drainage improvements and new pavement markings. The McHenry County Council of Mayors awarded up to $1,280,000 of Surface Transportation Program (STP) funds for Bull Valley Road/Curran Road Improvements. STP funding will pay for up to 80% of the total cost of construction and Phase III engineering with a local match requirement of 20%. The City was responsible for 100% of the cost of Phase I and II Engineering. General Fund revenues in the amount of $320,000 will be utilized for the City's cost of the project. ANALYSIS: HR Green, Inc. has submitted a construction engineering services agreement using the Illinois Department of Transportation's standard form. The construction engineering scope of work includes project startup, full time construction observation, pre -construction and construction progress meetings, administration/coordination, material testing and project closeout in an amount not to exceed $119,832.94. IDOT has approved the attached construction engineering services agreement. The Engineers Opinion of Probable Cost (EOPC) for construction is $1,480,000. The project is scheduled for April 27th, 2016 letting by the Illinois Department of Transportation (IDOT) with an anticipated mid -June construction start. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the attached: Curran Road/Bull Valley Road Improvements Construction Engineering Services Agreement for Federal Participation with HR Green, Inc. in an amount not to exceed $119,832,94; the Local Agency Agreement for Federal Participation; and the Resolution approving Intergovernmental agreement with State of Illinois and City of McHenry appropriating funds for the Bull Valley Road Roadway Improvement Project. r_ocai A`tencp Consultant City of McHenry t 1111nob Department FIR Green, InC4 p cif Transportation County C 0 Address McHenry A 420 N. Front Street. Section L City 14-00078-00-01-1 U Mcl-len Project No, A Panstruction Engineering state lA: (60) Services Agreement IL Job No G For T :dip Node C-91-14916 A - -- Federal Part ..._._...- Contact Name+Phone,'E-mail Address N N Contact Name;Phonelm. mall Address Jon Schmitt, 815.363,2186, C T Todd Destree, 815.509,9307, schmitt@cj,mchenryJI.us Y tdestree@hrgreen.com THIS AGRE;=(v1E�T is made and entered into this day of _ between thz above Local Agency (LA) and Consultant (ENGINJEER) and covers certain professfQnol engineering services in connectien with the PROJECT described herein. Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS 1NHEREVE ;1N �'HI~ AGREEPriEhJT ar a;laclied nxhib(s the fotla'rring #erns are used, they sh31( be Interpreted to mean: F�egiona! Engineer Depu(y Director Division of Highways, Regipnai Engineer, Oepartrrlent t�f �`rsnspoftafion Resident Construction Supervisor Awhon7ed representative of the LA in immediate charge of the engineering details of the PROJECT In Responsible Charge A full time LA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Prdject (]ascription Curran Road FAU 0084 Name Bull Valley Road Route FAU 3860 Lenoth 0.43 m Structure No, I MIA Terr7tini Curren Road, 517' North of Gull Valley Read Roll ie'alley R❑ad, Bull Valley Road, 758' West of Curran Road and 9&1' East of Curran Road r% �scription. This vdork consists of class d patches, earth excavation, pipe t:ulverts, tragic slgna(s, HMA, su�iaee relnova(, HMA base c�aurse .v(dening, subbase granular material HtvtA binder and surface courses, combination concrete curb and gutter removal and replacement, aggregate shoulders, and thermoplastic pavement markings. Agreement Provisions { THE ENCaINEER AGREES, 'j. To perform or be responsible for fhe performance of the engineering services for the LA, in ccnncctiian with the PROJECT hereinbefare desriribr;d and +;hacked below: © a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality Control/Quality Assurance (QC!QA) training documents or contract requirements and obtain samples and perform testing as noted below, 0 h. Proportion hat mix asphalt according to applInbl: STATE BMPR QC1QA training documents and obtain samples and perform testing as noted below. :c. For soils, to obtain samples and perform testing as noted below. Q d, For aggregates, to obtain samples and perform testing as noted beelow. NOTE For 1a. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BfviPR "Project Procedures Guide', or as indicated in the speGifca#tors, or as attached herein by the LA; ter( according to the STfiTC LMPR "fvlanual of Te$t Procedures for (vlaterials°, submit STATE SMI'R inspection repct#s; and verify compliance witti contract specifications. ��ga 1 of � 131R t35611 fRev. 11121f13) Printed on ilS/;�0i5 t2;34:1Q PM [ : e, Inspection ref all materials when inspection is not provided aL the sources by the STATE GMPR, and submit inspection reports to the LA and the STATE in accordance with the STATE BIMPR °Project Procedures Guide" and. the policies of the STATE. El f, For Quality Assurance services, provide personnel who have completed (lie appmpriale STATE BMpR octaA trained technician classes. gn. Inspect, document and inform the L4 employee In Responsible Charne of the adequacy of the establishment ar;d maintenance of the traffic control. [� h. Gyornetric control including all construction staking and construction layouts )j t. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual_ [X 1. Nteasurement and computation of pay itrns.. ® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. 1. Preparation and si.+bmission to the LA by the required form and number raf copies, all pantie) and final payment estimates, change orders, records, documentation and reports required by the LA and the STATE. rri, Re:visi�an cf contract drawings to reflect as built conditions. n. Act as resident construction supervisor and coordinate with the LA employee In Responsibie Chargem, �_ Engineering sen+ices shall fool>.rde ali equipment, instruments, supplies, transportatiae� end personnel required to perform the dutic-s of the ENGINEER in connection with the AGREEMENT. S. To furnish t7e senices as required herein vJithin twrerity-four hour: of notification by the LA employee In Responsible Charger 4, To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. 5. That non+. 06 the services to be furnished by the ENGINEER chatl be sublet, assigned or transferred to any other party or parties without the written consent of the t_A. The consent to sable#, r3SSlgn Q[ i2tileNJlSe #ransfer any portion of the services to be furnishd by the ENGINEER shalt not be construed to relieve the ENGINEER of any responsibility for the `ulfiltmeni of .his AGREEMENT. 'o. The ENGINEER shall 5ubrilit invriiees, based to the EPlGINEER's progress reports, fo the LA employee In Responsibie Charge, no more than once a rrEanth for partial payment on account fur 1ha €NGIi<'EER's work completed to date. Such invoices shall represent the value, to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction engineering completed) of the fixed fee for the fully completed work. r, That the ENGINEER is qualified technically and is entirety corlverSarsf with the design standards and policies applicable to improvement df the SECT1QPt; and that the E#JGIhiEER has sufficient properly trained, c�raanized and experianeed personnel to perform the services enumerated herein. 8, That the ENGINEER shall be responsible for the accuracy of the ENGINEER`s work and correction of any eerrors, omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Shdulr any damage to persons or property result from the ENGINEER's error, remission or regtigent act, the ENGINEER shall indemnify the L4, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising front such negligence. The ENGINEER shall give Immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effecttjata corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply 14vith applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. 1 a. The undersigned certifies neither the ENGINEER nor I have, a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a Mona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT; cage 2 of S $LR $5g1 i (R2w. 1 i1211i�) t}rioted ors t�r;r2ars �2sa:io ana :A tii-eed as an express or implied condition for obtaining (his AGREEMENT, io employ or retain the Sande,-s of any firm or person in connection :6th c.= rrJincq out the AGREEMENT or c;) paid, or agreed to pay a, y firm, organization or person (other than a bona fide z�rnpluyoe working solely for me or the above ENGINEER) any fee, contribution, donation or considaration of any kind for, or in connection with, procuring or carrying out the AOREEMENT, d} ire not presently leharrr?d, suspended, proposed For detiarmprit, eteclared ineligible or voluntarily excluded From covered transactions by any Federal department or agency, e} have not within athree-year period preceding ine AGRE1=NicAJT been e�nviGtect of or had a Givil judanrenl rendered against there for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, Mate or local) transaction; violation of Federal or Stale antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, inatcing false statements or receiving stolen property; f, are not presently indicted for or othenvise criminally or civilly charged by a government antity (Federal, State or local) with commission of any of (he offenses enumerated in paragraph (e) of this certification; and g} have eat within athree-year period prrceding Eels AG�EEfvlt=fJT I�ad ono ear n�ara public transactions (FtFcleral, State or local) termirated for cause or default. �1. `f`t� pay its subconsultants for sa;isFaclar}+performance no later than 3� clays from receipt of each payment from the U-�. "t�, '�a submit all irivoipes to the � within One year of the contpletien of the Svorlc cafled for in this At;R.EEfv1CJ�lT or any su�Ysequent Amendment or Supplement. �3, T+� sutarnii 6LR OB613, Enginzering i�aymenf I;epori, to the �TATi< upon sernpietian of the U,orl: collect For in ll�e AGREEiUIENT, 't�, Tn be prequalified �tivth tl�€: S'['ATE in Construction Insfiection when ilia ENGIiW€ER or tl`ie ErJutNEEt's assigned staff is named as resident constru :lion supeRflsor, The onsite resident construction supervisor shall have a valid Documentation of Contract Quantities certification. provide: as required, project inspectors That have a valid Documentation of tontract t�uaiititles certifiicaficn. �f. THE LA AGREESQ To furnish a cull time LA employee to be In Responsible Charge author' ad to administer inherently governmental PROJECT activities- �, Tc+furnish tl�e necessary plans anrJ spcctficatians. �. "f`o netify fhe ENGINEER at least 2A hours in advance of the need for pprsonnPl ar servic�„*s, 4, To pay the ENGINEER as compensQtian for all services rendered in accordance tivil?r this AGR€Ef,+3r=NT, an the basis of the following corrtpensation formulas; host plus Fixed Fee Formulas Specific Rate Lump Sum Irtithere; C7L = Direct Labor INE�u � In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R Complexity Factor FF=Fixed Fee SBO = SeRrices by Others Total Compensation ®DL +Il-IDC+OW+FF+Sgcj © (Pay per eierrrent) Page. 3 of B Printed un it8f24i612,34;ic�Ftt� �;.�a�,�i9 (P.ev. 111211t3) 5 To pay the ENGINEER using one of the fallowing methods as required by 49 CFR part 9.6 and 605 ILCS 5/5-409 U With Relainage aj For the first 50%ref completed work, and upon receipt of monthly Invoices from the ENGINEER and the approval thereof uy` the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus ail previous partial paymants made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed sh=il be dare and payable to the ENGINEER, such payments to be equal 16 95% of the value of the partiaily completed work minus all previous partial payrnents mad1a to the ENGINEER. c) Final Payment - Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been rrade and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. Without Retainage aj For progressive payments = Upon receipt of monthly invoices from the ENGINEER and the approval thereof by file LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal te, the value of (lie partially completed wort; minus all previous partial payments made to the ENGINEER,. b) Final Payment— Upon approval of the work by the LA but not toter than 60 days after the work is completed and reports havq been made and accepted by the LA and STA T E, a suns of money equal to the basic fee as determined in this AGREEMEN i less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER r, The recipient shall not discrinmir++ate on the basis an the basis of race, color, naliorral oAigtn or sex in the avrard and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary end reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT= assisted contracts. The recipient's DBE ,program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference In :his agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcenmeit under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U-S,C, 38041 et seq.). ?: To submit approved form BC 775 (Exhibit C) and BC 778 (Exhibit D) with this AGREEMENT. It is fUlutually Agreed, 1. That the ENGINEER and (lie ENGINEER ER's subcontracttors will maintain all books, deruments, pa@ors, accounting records aq other evidelce pertaining to cost incurred and to make such materials available at their respective offices at all reasonable tired during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and oapies thereof shall. bie furnished if requested. That ail services are to be furnished as required by construction progress and as determined by the LA employee In Responsible Charge. The ENGINEER shall complete all services speciffed herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. 1 That all field notes, lest records and reports shall be turned over to end become the properly of the LA and that during the performance of the engineering services. herein provided for, the ENGINEER shal! be responsible for any loss or damage to the documents herein enumerated while they are in the ENGiNEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4 That this AGREEMENT may be terminated by the LA, upon written notice to the ENGINEER, at the ENGINEER's last known address, with the understanding that should tyre AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d.of Section II shall be multiplied tv this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed, All field notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be delivered to, the LA. 5. That any differences behveen the ENGINEER and the LA concerning the lnterpretaton of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the: LA, and a third member appointed by the two other members for disposition snd that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. Page � of � t3LR ru�ci i (P,ev. 1 tl2lii �� Printed an 1IEt�p1� f�:34;1ti1'�;w� 7. That the ENGINEER has not been retained or compensated to provide design and construction review seen;es relating to the contractor's safety precaukions, except as provided in numbered paragraph If of Section I. 8. This certification is required by the Firug Free Workplace Act {3GILCS D-nU). The Drug Free Workplace Act requires Ihat no granter or contracttar shall receive a grant or be considered for Ilia purpose of being awarded a contract for the procurement of any property or service from the State unless [hat grantee or contractor toil1 provide i drug tree wrrlrplace_ Fslse certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of c:ontractirig or grant opportunities with the State for at least one (1) year but no mere than five (5) years. For the purpose of this certification, 'grantee" or �contraclor" means a corporation, putt iership or other entity with twenty-five (215) Or more employees at the time of issuing the grant, or a department, division or Wier unit thereof, directly responsible for the specific performance under- a contract or grant of $5,000 or more from the State, as defined in the Act. The cc+ntractorfgrantee certifies and agrees thak it will provida a drug free vaorF place by. (a} Publishing a statement: {1) Notifying ernployc€s that iti� unldwful manufacture, dish'ibutior7, dispensing, possession or use of a controlled substance, Including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the eriipl�yve that, as a sand. ition of ernploym�r�t an sued �;c�rttract Or grant, the employes will (A) a6ida by the lerrris of the staternerrt; and {?) notify fife et�ipiOyer cif any Grimin�l drug statute conviction fsr a violation or�eurring in the wortcplaee no later than five (5) days after such conviction. -fib} l=skablishing a drug free awareness pro©ram to inform 9mp!cyees 3bou{: (1) the danr�ers of drug abuse in the vVark}ptae6; } the grantee's or contractoes policy of maintaining a drug free workplace; f3) any available drug counseling, rehabilitation and employee assistance program; and 1 ) the penalties that may be imposed upon an employee for drug violations. pia} �rovlding a copy of the statement required by subparagraph (a) to each ernployce engaged in tha performance of the contract or grant ar�d io post the statemen# in a prominent place in tha tvarkptace. (�) Notifying the contracting or granting agency within ten (°Q) days after receiving notice under part (8) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such canvicliom P} Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitaation program by,any employee who is convirated, as required by section S of the Drug Free Workplace Act. (f) Assisting employees In selecting a course of action in the event drug counseling, treatment and rehabilitation is required and ind catirg that a trained referral team is in place; Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. ENGINEER or subcnnsultant snail not discriminate an the basis of race, ectQr, national origin or sex in the perfcrmance of this AGREEfuf€NT, The pNGINEE� shall terry out applicablE reyuirEmants cf d9 CFR part 26 hi fttE iMel niinistratiOn of DC1T-assisted contracts. Failure by the ENGINEER to carry Out these requirements is a material breach of this I which Ill result the termination this AGREEMENT or such other remedy as the LA deems appropriate, Fririfsd on 1t�t�plf 12:?�:1� PPA Agreement Sumrr!4 =— L_d Prime Gonsuitent: _----_— _-- IN Number Agreement Amount HR Green 4M927178 S 115,284.94 Executed Cirri; {SEr1L) Executed hij the ENGINEER gy; Title: senior i✓cnstruetion Project t`Jiarl�;ger file [sr�ei3; trig. Ey= Title: Vito F resident pagA k7 cf � Prinked on 11�/2a16'f2.�4:1Q PM PLF{ 9`�11 (Reu. 11121113) hibit B Prime Consultant t+l�me Address `telephone TIN Number Project Informatian Local /�get�cy Section Number Project Number Job Number green N. front Street 815.3$5.1.778 4M927178 of -ago? 003(3 �o� C-91-14MI5 This farm is to yerify the amount pai4 to the Sub consultant on the above captioned eontract. Lln�er penalty of law for perjuryry or falsifim.ation, the undersigned certifies that workwas executed by the Sub -consultant for the amount listed below. Signatu€e and title of grime G�nsuitant Bate Note: The Department of Transportation is requesting disulasure of information that is necessary to accomplish the �tiatutory purpose as autlinad under state and federal law. �isclosi�re gf this information is f��QtJI(��io and shall be daerned as concurring with the payment amount specified above, rot infs5r��lation about (DOTS collection and use of confidential information review the department's Identity Protection Polic . page 8 of 8 �tvFt 05613 ;rev. 1 i121F1."s} S'ririted an i 1lg/2015 11:12:t18 AA9 E,�hibiq A - Construction Engineerinr� Su[r[r[aaQy Route: E3vll `Ja9[ew liaart r,1=At_u :5t3Fi41�. t:urran RCrau (Firtt:t �1�i8?t� L©cal,�genc�+� f�,9cHenry (fulunicipaiityp Section No: Sectivra 14-OaQ7f3-r,0-�Gl•l P'r�ject. C-t31-149-16 JohC*da�. Pvl^-0Og3f3GC1'I _.� Qosi 3�lus Fixecl Fee I'r'irflha7ds of Qompensation: Fixed F�eE 1 .�C 14.5 io LCJL+ I�(LJLJ + 4Ai1{UL) + IHUG .Fixed Fee 2 14.viu [�2.3 + RjDL+ II-167G� . S@�scifi+c Rate ' Lum p Sum Cost Estimate of Consultaa�t's 5erveces in Qollars 'G-6an's �gproved rates n[t fila �.aith BDt?T's Bureau of Ac�oa�tptin;� & Avditin�: {iwerhea�J Rite (QI-IJ- �G6.56"la� 'CompGex�ity Factor fR� 4�.D© �CompGelion Qale 913Of2036 Gleme[tt of 4!fl�'4rY4 Employee classification It+Jan- I-Iaucw PayralG Rate Paynull Costs (ial.� fl+rert�ead �QI-l^L1R�, ServSees 6y !Gth�:rs �SBQb In-9-louse Direet Costs �IB-fDCj Fixed r'ee OFF] lftaYal Fero eel Srart LI 80 535.55 $2 852.OD $4 75d.2� 51,.102.33 �B.+f7-0.fi2 Canstructlorei7ifseru3tivn 65r �3+.60 a24665_�r0 S41,CIE3A2 54,54t1.o0 56,2U7.5�G 51a.433:64 ��693�.xE lvlEetin s See �14 a59_'t3 52�6"J1.a2 �-0,333.4i I �1.6JrJ5.a�0 ,��.g�0.74 r'�drninislraiian� E.vitibi[ Cl 46�. _ 55'3.a2 �.9r4.�2 $3:9`}5;04 � $917.7R � S7.Z�7.aC� f'ro'+:c[ Glaseau4 Bt1 53$ E37 52.944.60 .�4,992.435 ••"e t, a.tiJ.05 ,n Gi6? .51 I A �S�i.✓�0� �� SU;OrJ �Cf.r)CI Ji?.OfJ S4 60 _ 0 a0.tii� �TiQ00 $Q.401 at} QO w4.Q0 7afals 90G $35,4+i3.44 S59,Q3r1,5� W4,5+�®.00 S6,2o7.50 514,589.4Q 51'6� 832.'94 . . �tnll Mlalfew 6�aae6 PT�fiierm IAxhifait C:-�mrus'iPuction Engirrr;ep�it�r� Gor7sult`a��; t�f� �r��n, any: i��r�e'�agi� }-9�ar.�rlr� l�ra��e� �:�i' Da Ce 11 f{}Gt1 � Sktaef 'i O;t� �. Pay���ll 'CEa55i'FG3i.Gan .�uerage ' Payrall I, (22'C�� I T4ta9 P'roject0;ates Project -start CJp iConstcuoEion Observafiroo� � �, P.92etic�gs Adrninistratinn f�amjiecEClos�eatrt &io�nrs �n Part. � W'�tt1 ,4vg H�aurs l Part. lN'yCtl ,hug Hours fo Part. W'gtd Au�p ' �H4urS "ra P'srt. Wrr@d fiug t-Cours c� r�art. 4Ngld Aug Hours '.o Park k�gtiip. 3tirq� ' Princi �I $7{i.00 i 2 i}.22°eJ° CS.15 I 2 d.55°l° 3,1t3 'SBniOrCanstivation Pro Man. �G7,i}7 &i7' $.83°�° 5.52 1G 2.44% 1.64 34 ii�.27°l+� � v1.83 �0 �i8.2�°�'0 48.7�ti CanstrtB�:iian En inecr II �3fi.a7 780 83.89% wi? 03 40 59.ii17"i5 18.44 �4i7 57.56°f�u 35,J7 &a 1i10,CQ'°r'° 3&.�E�' Cc�nstrtaciian �n ineer I 527;26 Canstructian En inePr 191 $48.a6 � CansGruction Technician E 522.?5 �Constrcaciion Technician II s34.4 40� 4.42°l° 1.S? 4Q �rJ.00a4 17.22 ' Admi'nistrati'veAssistantil ���,&7 � 24 ry.65v,.A 11_C�0 8 "Ifi.18°1 '', �4.12 16 34,7$°;a �.8t} i i i i I i � ��. i II i ��_� I I '9'�QT�kl.3 9U'6 10'U?fn 839.12 E�0 14f�°fo 9i35_�.5r 6�6 'tOQ'��� '.ls`37..G0 �14 1{i0°ro � 9'r5�.13 Gifu 1®�5v �.51.�E2 Ar4? 10�°Ic $�ka.$i' exhibit Om Construction Engineering Direct Galls Project Stan �Iji In -House ct DireOasts Mileage 5 days x half day x G4nstructji?n li6servation In -House Direct Costs Vehicle_ Use @Ci days Se�'ices ev Qlhers - �eotechnical �ubconsulfant $�5.ta0� Per day = 25,Q0 $32.5Og or da 532.5� Suh-Total S357.54 Sub -Total $5,55010 Total Mileage Dreat'rfl� 4ti,2ti�,�f1 tit j0wi. a*f,;a43.gfi i'otai Services 6y 4tFiers $d,$�s•QQ ,�ovember 6, 2015 `��° Todd C7estree Hid Green, Inc. 420 N. Front Street, Suite 100 McHenry, IL 60050 Phone: 815 355-1778 Via entail: tdestreeta`�Iirgreen,Gom Dear R+Ir. �estree, xhibit C Re: {duality Assttt'attce iestirig Services Intersection improvements Bull Malley Road and Curran Road McHenry, Illinois Rubino p'ropasal # (�1S.�7t3 ribino engineering, Inc, is pleased ko submit fhe follt3tiving proposal to provide QA construction materials tenting ti c! inspection services on a transportation related project in McHenry, IL. PR4.1FC� u_ nt��RST�1RIi31NG Rubino Engineering, Inc. received a request fLr propcsel fr©m you via email on November 2"'j along v�rith material quantities. The following outlines our understanding of the requested scope of services, Frtsieet fyame_an�i I72�cription FEDERAD HIGHWAY ter (BULL VALLEY ROAD)AT FAUa0:4 ICURRAN ROAD) INTERSECTION IMPROVEMENTS SECTIONSr0i 8ir- 'r IVICHENRY CITY OF VICHENRY Os - +General Scope of Services GtA Field testing of uncured c®rttrrete —Slump, air, ter�tperature, and casting of cylinders GA La'oaratcary testing +�f cured concrete — Skrengkh Q DA Field testing of rot mix asphalt (HMA) — Density by the nuclear method e QA Laboratory testing of HMA — Bulb SG, Max SG, and Loss on ignition RA-irispectirn for tared tev#s Want Drees not ready fcr inspection ai itie time scheduler Delays by the contractor Cancellations Overtime engineering, inc: proposes te, provide experienced, technical personnel to perform the regtrestet3 testing in generaC accordance tivith the client�provided project specifications. If any of khe agave information is incorrect. please notify us or change it on the signed copy of the proposal. FEES The s�orlc v�ill be accomplished on a unit price basis in accordance with the Rubino Fngineering, Inc. Scheriu(e of Services and Pees, and will be perfcrrtted pursuant tc the a#teched General Conditions, ��.apies of our ttubina Engineering, Irte. � 6�5 Tailgate ricl. o Unit H ®�Igln, tL fiC1123 � (9d7I �31.1555 o t8d7I 931.1 sr30 fax Ilfill Valley 17"(1cloyalfi+tonr7luTrauennias-QuulitprirsurnuccTesting SerHces Exhibit E Nati rnher6.207s rrupasal,ve: Q11S.3�R Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this )roposal. Rubino Engineering, Inc.'s fees will be determineU Icy the actual amount of technical time expended far this project and the amount of laboratory tasting performed by the client's request. The fees charged under thl$ agreement are subject to change 6 months from the date of the proposal. Rubino Engineering, Inc, will proceed with the planned work only after receiving a signed copy of this proposal. Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly established. m ilk Ica 9 i iu ra G1 'S ja a n Im Item neser ptiaEL L E 1 n - ZA� ILL � 1° V d 0 to an et � + I In - Quantity unit I0 4 Q ® o g sa €s " I o` $ Q a ry a Q I o O O O b �Ho( d,rfix Aspharl 8as� GQUre, �" �670 SYD A 1 0-5 1 Hot Mix Asphalt Base Course Widening, 10" a05 SYD 4 1 Hot Mix Asphalt Binder Course, IL-19.0, N70 1085 TON 4 1 0.5 1 Hot Mix Asphalt Suriare Co,rrse, Mix O, N70 i 1106 TON 4 1 0-5 9 Gorcrute Foundation, TY A, 'rY C and TY E 52 FOOT 8 2 1 1 10 S�fSAIVl7 TQTAL— �4,�48.00 Pft�iJ�CT �CHE�Ui.tN i 24 ! fi 3 � A - to ' to 1 O 4 Q 0 1 � i II 'I t- - 1 G � ,, 2 •4A Eft- EA E! �-I N [mod I SO i�4f O O O I O N O F'f+~�se cant�ct Tim Dunne on his c�li phone to schedule testing services: $47.343-u749 tim.dunne(ci�rubinaencl.�aiil Rubino appreaiiates the opportunity to offer our services far this project and we loop forward to wofrcing with yoti� company. Please contact r1�e with questions pertaining to this Proposal ar requests far additional services. Respectfully submitted, Rll�iN� �NGtNEERIN�, INaa. Iehel4e,4. Lifrin al= ,resident rnichelle.lipinskl rc"l�.rubinaeng.com Rrrbirtn Ergrtreeritig Inc. Page 2 i1fG 81111llfflh�rtrrrrlClerrnrr vsurancePextinI Senicec Exhll]It AluterI M15 proIat N6: 015 is If This proposal is acceptable to you, Rubino Engineering, Inc. will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. �Ne will proceed with the work upon receipt of signed authorization. AGREED TOO THIS DAY OF , 2Q�. BY (please print). TITLE: _ COMPANY. mp SIGNATURE. PRtaJECT INPc�RMATI{�N; �. ProjectName:W 2. Project Location; 3. Your Job No; Purchase Order Np.: Project Nlanager: - _ Telephone No,: 5. Site Contact: -- Telephone No.. 3. Number and Distribution of Reports: ( ) Copies To: (} Copies Toy Attn: Email: DOT Section IDOT Route No.: IDCT Job No.: City; 7. tnvoieing Address: Attn: .Email. Altn: s Email` DT Contract IDCNo,: County: IC701 Project No.: LAC Plan(s) Attached: 8. Omer Pe�inent Information 4r Previous Subsurface information Available; �itEJPtit��ra�+tr�erins;,lrrc. Bull l'rrffej, and Curran Rea dlarhruv mutts Exhibit d'rtrwal ir,?. 05.31 Ncrerrrber fi, 20,13 Rubino Engineering, Inc. Schodule of Construtrtloo Materials Testing Services & Pees through March 1, 2016 (Illinois Prevailing Wage) I-ADD{xATDRY TESTING SERVtGES compression testing of concrete cylinders by ASThri procedures Pick-up of samples and transpro-tation to lab (Does not include vehicle charge) Aspha't Maximum Theoretical Specific Gravity Bull, Specific Gravity Ignition Oven Test t Reflux Extraction + Sieve Analysts Core Densities Soils • Density relationship P.STNI D698 - AASHTO T 99 (Standard Proctor) ASTM, D1557 - AASHTO T180 (Modified Proctor) Sample preparation for the above tests (clay samples) MATERtAL TESTER -1 - Narrcl ctrrri�i arirl drilllrl� f[ar (esl;ri� Lf Rl�(GrfafS; tietri lrtsce•9(icn tie uncured concrete and asphalt, Per Hour Per Hour Overtime (before Sam, after 5pm and Saturdays) Per Hour Overtime Sundays and Holidays MATERIAL. TESTER - 2 - �ieicf h'73pPG((gF7 o14te(ds, strtictufaf s(ee(, frreprecti,7g, m�sr�n�+� �dtt Facade, retnrurcing stem, lormivair curtod concmik and concrete and asRhalt batch plants; adjusting propoetions of biluminous mlyturGs, Per Hour Per Hour Overtime (before Sam, sifter 5pm and Saturdays) Per Maur Overtime Sundays and Holidays Per Gylinde( � 17.Cr0 Per hOUr $ 87.00 Each $ 115.1?0 i;datt E 95.00 Each S 126.00 Each $ 40.00 E�+ol1 S 195,00 Each $ 215,00 >=ach $ 40,00 $ 8r3.0a0 93a.50 169,1 u S 93.00 S 13cJ.50 S 17€,70 EQUIPMENT +vl-lARGES VahiGie Charge - Round't'ri� P$r Day � 55.00 Nuclear Dmansity Gage Per Day $ 40.00 G4? Meter Rental Per Day $ 250.00 CORING SERVICES P.c, concrete or Bituminous Concrete Coring Peissonnel 8; Eguipml 6ht Per Hour $ 225.00 Diamond Flit Charge, per inch diameter, per inch depth Per Inc. $ 3.s ENGINEERING SERVICES Chibf Engineer Per Hos:r $ 185 t3ii Prdect Engineerttflanagdr Per Hour $ 100,00 Administrative Assistant Per Hour $ 65,00 Report Review Each $ 50.0j REMARK$ 1) All lees and services are provided in accordance vAh the attached Rubino Engine ring, Inc., (3enerat Conditions:, 2) Unit pricesitales are in effect for 5 months from the date of this proposal and are subject to changs without notice thereafter: G:reriime rates are applicable for services performed in excess of 8 hours per day perial to poq;;(, Monday IN ough Friday, before 7:00 AM �) or after 3:00 PM, and for all hoursworked an Saturdays, Sundays and holidays. The overtime rate is 1.5 limes the applicable hourly rate. 4)- All rates are billed on a portal-to-portal basis. 5) Slanduy line due to delays beyord our control All be chased at ffia appiliaable hourly r ,r.,e, 6) Transportation and per diem are charged at the applicable rates par trips d) Rates Involving mlleage (Including transportation, mobilization, veniele ane trip charges) ara subject to change based Upan increases 011`16 national average gasoline pace. a) A minimum charge of 4 hours applies to field testing and observation services. 9) Scheduling or cancellation of field testing acrid obse"vation services is required no less than the o,orking day prior to the Cale the services are to be perrotcried. Services cancelled withoul advance andior Inadequate notice will be assessed a minimum 4-hour charge i2uNrrn F..agiueerir;g dire Page 4 r%1'i$ tSta i.FrkA(PahofC;Ywran IfoaginpPoilmeats • Oruri<r&Asvt(rgaee 7'€vdo Services x{` lbit C rtrQatrrb<r u�. ifr'S Dili 1ogLINI 0411.378 1ti} Farr Rubino Engineering, Inc. services, a prajeci managemenVeng1neering review charge Wil be billed for all reports is. uad fat the schedulinglsupervision of personnel and the evatuaUunlreview of data and repQns• 1104 The minimum biging Irncrenl;nt for ltmv is a half hour• 12) A prof xt set-up charge of a minimum of hro hours applies to all projects. 13} Professional Services rates are twuslva of expert deposition or testimony lime This proposal is based on Rubino Engineering, Inc. being scheduled on an on -call bads and Biters of cartincalion will net be provided 14i unless Rubino Engineering, In:, is noticed In advance and RiAb!no Engineering, !ncL is scheduled for full lime inspection and iesting of the area or item to be certified, 15} If special inspections are required try the city whefe the construction Is to Me puce, it most be brought to the attention of Rubino Engineering; Inc. prior to lne start of construction as additional charges ;will apply, t6) Frevaiing wage fees are subject le change based on the Illinois (Mfizi tmsnt of Labor. 7) Srrvic=-_5 ar+d ices riot listed on this schedule may be quoled on request 3�rrfiirro En�irrGer•6�g, frrt•. r'aSz s olcf muIIerairej, Pita C)irhaltRapti Improveineitir•(iNulitt'.•fcttltPfrlli'e°T'e-sting,Scirlik+.s Exhibit E Nvlar<RtGCr420)55. PruposdrlAla: QISo379 G�NMrXIIL G�N61�I13N 1, PARTIES AND SCOPE OF WORKt Rt'�aHe Engicekflrng Inc slFi Iri0Ude said company ur Its Faril.ulardruls:an, subadmry Of ahulaie pcfrorrding pill Wary. Vyaii ma2115 illy spedgc geotechnfcal DnBIWAI: tesbng of elder 011*0 10 be padcura d by Rubino Enignaedng, Ira as sal. forth In P,utloo Engmeanry, fnais proposal, CriOWS acceplaneit tremor and li^l�lie General ndlilanS gddll fltgl p+c, ordered by Clle l shot ohm he Sobf DU to Ihcs4 C�ilcral Caryl prn4. 'Claim' refers to The person or hLairi s entlly cfdenng [he Wnrh to be done by Rubino Engineenng, Irw, if Client Is ordering the wavy on tchialt at Wainer, COenl raprasen!s ana watrams Ohai d is tea duly audsonzed agent of said party ref Ole purpose of ordering afro doedlig said w•orr. Unless nWitiwlse slated In writing, Cieri( asskove sole responabltity ter determining whether the quanlgy and ap haiuTe of the wark ordoted by the client is adequile and tullilde"t for Client's Inlendcd pufWA' rAbnt sh111 communicate trici Gafraral CW'4 A& m eddy arid "ry 1141rd perry to Whant Clrelil eon trilta 0ny pim of RtmiM Englr�ea IQ, lreCs walk Rubino Engmeanng, Inc. 501111 na'va n§ doh' or abllgallol Warty third parry greeter than that ml fodtt in Rutino Engineering, Irr.'s piupesal, Sl$nl's occeplsni e. tltbrcal and [base General CortdNan5 Tie ordarin9 ofwork from Rubio Eng flooding , Inc., or Ina reliance an any of Rubino EnglneivDrig, Ina'swork, shall reflsilluie acceptance of bile terns d RuoslD Engireanrtg, Inc's proposal aria those Genarai Condilims, regardless or the leans o! any wtisequa9Oy Issued document, a, TESTS AND IN$PECTICIIS: Client shall cause all tests and b19pe_O2n of Iha ads, frstap®Is .1 loot vrork Perfmovd by Rubino Englneenng, Irr. or others to be l'titty and properly paddrmed 6r accordan::e with Ore plans, spemilicalions avid contact daimmenis ard Ruhiro Engineering, Ines recorrancrcdations No clams for loss cLtifnagd of triter~ sholl by btaugh' against Rubino ElWnee ffia, Inc. by Client or any thud party uhlo3s all iasts am1 IniFuclrty s Nava bran sa paifermud and un!o63 Rubino Englfiveriff Vita taco nmet�]nuns Nova boon tuftyocr Client agutiss to Indartinlry, doluedt and held ROSIPLO EI+GINEERING, INC„ Its otfi:ats, erriployaas and agents flantilem from any and ail elelirls, culls, lassos crisis and airpenses, Including, Lein tool I railed to, court casts and fs iswtable Pborre�'e fees In the event that all stt_h lists end InwPedlona are nal so pe-rfarmeW to Rubino Englnaedng, Ina.'S fewnmperwAllans ern not so f(Amed except to the exlerk that such fodute Is Iha fesuil aN the ls±gli_neneG vfilfLt orwaMcn eel or amissicn of Rubl pa EpgrnaenriR Inr.. Hs et0nErs, agenda ar emplayoe-,, uhlecl la the IgtitaOon t r! f nad to paragraph Y 9. SCHEDULING OF WORK: The services set form in rammo Eng4lmnp, Ines praposar arid Cuarrva AecopionEa writ be accomplished in a t!m'♦y, wodananllks and prv`esslanal manner by RJBINO ENC4NEGRII.1G. INC. personnel W the prices quoted 11 Rubino Engneunng, Inc, is required to delay caminenrPafefli of bye work or if, upon embarking ripen Its wort~ Rfibino Englriveting, Inc, Is requlred to stop or Ind 4 1. this pt,: jre_3 bt Its work as a res.e;1 of changes tin. the scope of the *:# requedled by Ghent to fulfil this rquiietflanis or 011id parties, in%�plltru In fro PriMOSS of construcllcrl, oroMw caurias bayond Ire direct raa3onabls control of Rubino Engineering, Ina., na"Dnal charges atilt bill apglfahid crvs payable by Oran] 4, ACCESS TO skiEc ellam r711I arrange arrJ taovde sutJJis I KCv6ss iv Iha .ire As r: necessary for Fhlbino €ngfrAaiing, one. la burn 1ho 95ofk Fu6lrto Etv3rEorint, irr. trial taker faasaaah menswes and pieraullnns to rdnlmim damage to the ate end any ynrrairanepls located thereon as the result rA Its mark or rho use of Its bqulpmeN; howdiiM, Rubno EnOW4611n0, Irit has not IncNtdad in its tau Irle coat of reAciaOan of damaga x,ath m:ry occur. It Client eesbea or requires Rubino Englneo rn+g, Inc. to ti bkiro 1h4 silo to Its farmer tondiPun. upon wAlon request Runcrwz Englaoring, lie: wit pefform such addll lonsl work a5 is riesessary I6 cp sa and Clitnt agrees la fay Rubino Englneenrg, ine far Oar cost B cuENT'S DUTY TO rlDTIFY ENGINEER: Cllanl rapiersenis and wallahls trial II Itss adi sod Rubino Ec giteorlp% lac ata•%y kmmil orauspeclad hazardous moledals, ullllty titles and pollutants at any silo at wifkh RN.Wria Eregineering Inc, Is W do w'pr's haraundar, and tcgess Robing Englnsadnig, Ir has aa9rrtrt@d Uri cur ding iha mspans blilbl of locating st trkrfa� cb cz1a SlrucWrr` 5, eras Of rpndpils, faieril agrees 1st dirt rid, lnd rrnlfy and sa a Rubino Englrysepng. Its hangleSG i cfa pit Clafro�, sull?, 1pscS coals, and expanses, fnG�fig reasonable a@omay's lees as a ras dl tl persa 3a+ 1rf ury, doalh orpropody damagD accurnrg wlih nospocl to Rubino Enilftieering fnc.'s porformDnco at its work andrasuRyg to at camod by cordacl with subarrfaco at blunt obf ecto, structures, linen of candUls where theacid5a. crook MA k cuf;ncfi afrd Iocaltln thorrof vidre not ravaolfid fa Rubha Ehginaodng, Inc. by Clront IL RESPONSIBILITY: Rubino EnglrlaWig, Ina Is wads slull not include dnirmuning, aup6visng a implemardleg Irte riearis, rnslhMs 1=ch igLr+a, Inquentds or prdidAerzri of cunsutichorl. Rublr'ci Ergineedog, Ira shalt nalte responslolo fin evaduasling, fepOrgng or aHecfing job cordlons concerning heath, sa'ely or warfare. Rlbi•Ya Enginoadrq, Ins cv,drk or rallied la parierm soma etlall not in shy way MUM any u nlrWar, siubc*nifaelororsupptlorfrorl porfe rivnria of Ifs'+vi+: in actardaneo wah 1110 wCoRWtA dOCUMOnts. Rubino Engnufing, Inc. has no ff9hl fin duty 1* step the cantrador s wont, 7, SAMPLE DISPOSAL: Lirdbss athe'w9So agreed In vatting, t¢tt speallers or sarrtpp'.os bill be Idispdsad lmrlsediatehyWar turnpIRIM Or the la.l AO d7mling Hariiq.Yc4 er tF9trriDDl Will be 1114p490 slyly (E0) days, Ywr suba,iseon of Rubino Er•oirier,iM, Ins.'s mport 8, PAYMENT: Cdu3s1 Client agrees to" (rachrrNolce Within thirty 13e) daps Of IN na:,cipt 4`purll fu that a 3led5la pay interest on air aninants Irntvted and nor paid or objI :red Id far valid cause In Wiling viah-said thirty (311) day period at Hill rate Of (ilghl dill 118) persysnl pet William lot the nraltfrdum Interest into pertniHad Ltd ?r apallcabla lawj, until pail. Girard trdraiss to pay Rubino Englneonng, Ins.'s cost of colladlun of all amounts dad and nmpald attar t;A5 166J days, locku?f g ci<ud cwu and 1a."Prig e ifHe+neys tails. Rt,bino Entdlnaetri Ina sho: not tie bourl by any praarstan or apreamrad. mGwnn)3 ar pravidirva lar aabilraHsti ardlspulea or carilroverslosar, and of this agreameta, any piml.svn \airareln Rrlbina Ergineedng, I pc, walves arty rights to a me_holiks' lien, Or any Pravlgf4n %mlpm rig Rubino E!eghraering, Ins's rthht to laceive payment Zr 115work upon payrnaitl to Climel Ly Orly Ih'ird psrly. Thaee uen?fal CondlUons eli§ notice, v.iiera required, that Rubino Engine' ing, Inc. shall The a Ilea lwhsnevernecessary to collect paid dud ar+ourdii, Failure td aaaka payraerd VIM mills 1301 days of itirbiaa that? consghily a roleasu or Rublfla Etil roddrU. Ira. from any and all clams which C6unt may Nava, wlnottteir 61 twiz eahlract of alreivolsa and K7.alher 1cmli%n er uhknuval ai 11-fa time. 9, WARRANTY. RUBINO E BINEERIIUG, 114C.'S SEPWICES WILL BE PERFORMED, ITS FINOINGSa OBTAINED Atari ITS REPORTS ]PREPARED IN ACCORDANCE WITH ITS PROPOSAL, CLENrSACCEPTANCETIJEREOF, THESE GiEhJIRALCONDITIONS AND NTH GENERALLYACC.EPTEDPRINCIPLES AIDPIRACTICES OrPaRFs'RMING115PROPE5SIONALSEPlitrCeSm RUBINO efirairteRINCI, INC. HALL USE THAT DEGREE OF CARE AND SKILL ORDIFNARO_Y EXERCISED UNDER StrAILAR CIRCUMS"ANCES aY MEMEiERS CF ITS PROFESS-100 THIS: WARPANW IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EITHER ExpREssED OR IMPLIED. STATEMENTS MADE IN RUS1140 ENGINEERING, INC. REPORTS APE CPINI003 RASED UPON WGINEERINO AJOGMENT AND ARE NOT TO 6E CONSTRUEDAS REPRFSE,19ATtONStef FACT, SHOULD RU6INOENi1NEERING, iMC.OR AVY OF ITS PROF E� CNAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORNIAWE Cr ITS ejCIRI{, OR TO HAVE MADE AND BREACHED ,Ably EXPReSSED OR IMPLIED WARRA1, Y. REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLA1WING THROUGH CLIENT AND ALL PARTIES G?LAIMING To HAV9 IN AV? WAY RELIED LWON RUBiN0 ENGiNEERING$ OJG,'S WORK, AG145E THAT THE MAXIMUM ArWR=DATE AMOUNT OF THE LIABILITY OF RUE1f,Y,S U101NE=RING, IIOC,, ITS OFFICERS, EMPLOYES AND AGENTS SHALL BE LIMITED TO $101R70.03 OR THE TOTAL AMOUNT OF Tw FEE mo TO RUBINO ENGINE€RING, INC. FOR ITS WORK PERFORMED YATH RITFEGT TO TH'c P2tbjECT, VJM CHEVER AMOUNT 13 GREAT ER. NO ACTION OR CIAIM, WHETHER IN TORT, CONTRACT OR OTHERAISE- ALAY BE BROUW AGAINST RUBINO ENCINEERI14% INC., ARISING FROM OR REiATEO TO RUBINO ENGIEERING, ING.'5 iiWRK, NIORE T H4Td TVVD f21 YEkRB AFTs R TNE.CESSATION OF RUOINO ENGINEERING, ING'S WORK HEREUPmER: 10, INDEMNITY: S.i6lect to the rorapoing rimditheris, P.ublro Engineering, laic, agrees ro Inderr+nd'j and hob! G met tarniltiss frail and poalnsl any and all claims, Suits, tests rrnJ eXpef0aS InOuding reasonable alrcilr jJs revs and tovif wsis arising out of Rubino En; nseAng, Ira Im mgfgence to the eatenl of RUBIIdO ENGINEERNG, NC's ncj9gdrLcq. Cilahl that pt,rvitle Iha soars proloclfiYs Td ONO eAent at ins rlrgllgoets. in trio amber that client of DidntA principal Gh- 91 eeV%g atty 1101 taustdf arliaft. trOim Er EC:duerdaun dlraffltRubinp EnginaelViil, IM, the pony InIli'aLng such aalian shall pay to Rutlna Erroneann y Im the cnMs and vrp iflEm ncs veil by Rubinp En,inimnng, loci lr Im+r llQata, ant-Avar and defend It, lialgdirng ramuliable atlamaiii aid wore' ss f;t9 and coiA costs to hie extent Ihal Rubirw Engineering. Iran stub prevail in such cult 11. TkRRgNATION: Tfrle Agid6aldnt allay as I£rYfinfinld by 011htf pony Upirel ZOO 17) dsy ; Pilot Virillolm nuln:o- In the a rent ref lafmind`.IDn. RLCUia Enotrasrng, 109, srdll De CDmpan inlefd by Client for rig sarvttma pertonr0 up to and irrclWlng Iris Lermirtailon date, InO Ing rErmbu oaf exparflifif sind for the ourn0ellan of sudr zalijces and facorde as we necessary to plane Rubino Engineellog, tic's !Iles In order molar prated Ile professional Isprulahon 12. EMPLOYEESiWITNESS FEES: Fubhno Entrinecdirg, I >t `s enyif05do9 shall not be relainad as extroll w'itoos,Es oxco by sopsmis nrliti €yfeemenl Client :lgrHz la pay Rubin* Ena.irreenng, tnc.,'e tsdal expenses, adminhtratr-a crisis and fees purEvallt to Rubino Enalrreadrij. Inc: S then "rrtSll role s_Iledue for RLb! :u Eng6reerinq. Inc. to reafyand io any subpo,na. ClfRnt egraus flat to hits Rubino Frgineemag, Ines smplcyees e>ixop1 Ihro gb Ruylnc EngG-e ling, Inc. in 9'49 evenl ©lent hires a Ruhiro En ffT2Unnp, bin ompldyea; Clint shalf pay Rubies EriltiWa irg rift an Trine ail equal to one-half W bra empiayeds arnia zed safay, wlih Rubirm Engineering. Inc. waiving olnerlamsdles it may have, fa. HAyRRDOUS MATERIALS: Nothing cohuulnaro wiinln this agreement shall he cansbvsd or Inharprelod as requiring Rubio Engineering, Ina. to assume the status of an wArter, operator; gmnerahar, storer, 5ar6pfater, healer or disposal Willy as buase Ierfna appear vdthin RCRA of i'ilthin any Feaoral Or Stele aldlutd or latlulallm rdov%aming Iho gcnoriion,[transportation. traainrcrk iflofagJ and dlspopat Of pallutanis- Gltant Dsadrnos ILA rsspanslbdliy for compliance IrIA gee proviallu s; of RCRA and 5ny cAiar Fdd[sal ar Slale ttat.Ae c roWnlh n governing lnv handling; Icahn€nL storage and dopoirA of pcl);4ifilso 14. PROVISiONS SEVERABLE; T1ia+pardes have ead6rod inta this agrevnratil In goad rallie and it W the spdcticirdanl of Ifie Pallas that Oia Isms or the Gtnth-ai Contith}ns be enforced os vailleri in uia avant any at L70 pr8lowrs bit irirrae r;enarei Ccnelra ds sttrraiti t a trued ea his unirJdrt6ab".fi, d YiaH boafrick4ri a fa the fcrinalr4ng prorol:ipn& snnr bit anforceinle. IS, ENTIRE AGREEMENTi TI-is agreement constitutes the ahii+o underslanSOy of the parties, and there are na representations, waranlfes Dr urderlakings tra9e olhar liar as sotforilt harefrz Thla agreement may bearnarided, rrodiftea or larrrrtaied oily in wril-ins signed by each or the pa00s hereto• RNbitra ENb n��rarfg. lrii �''�� �'?f Exhibit F onstruction Engineering Scope Of Work the following is a description of the related tonstruction engineering activities as referenced in paragraph 1, The Engineer Agrees, in the BLR 05611 to which 'this exhibit is attached. R green, Inc. anticipates this project to begin approximately mid -June 201ta and will be completed by September 30, 2016 plus 10 working days. The man-hours required for construction observation were based upon the time required toinorlftor the project and that the contractor will complete the project by the contract specified deadline. Any additional wort due to an extended schedule dictated by the contractor's pefiarmance or unanticipated work due to site conditions shall warrant e contract addendum. The following is a brealtcio�+n ®f the various tasks associated ��tith the construction observation which will be completed by HR Green, Inc.: NR Green will complete a preconstruction video of the prepd construction area to document the existing conditions prior to the start of construction. HR Green will also utilize this time to prepare its filing system to IDOT contract documentation standards and incorporate IDGT's ICORS construction management software project specific information into HR Green's computer system. The project startup also allovas HR Green time to rev11MiAt the plans and specification prior to the start of the project, attend preconstruction meeting with the contractor and the City of McHenry. HR Green will coordinate with the City of McHenry to ensure that all governmental entities are aware of the project details and any impacts that the project rt�ay create. SIR green will nj�rlt, measure and dgcurrrent contract removal payment items prior to the contractor starting work. N� Green anticipates a Construction Engineer and Construction Technician will be pnsite far approximately forty (�l0) hours each tQ complete the above noted coordination and construction preparation. A total of a total of eighty (80) hours have been allotted to complete the project start up, Kvied 1= u11 Va}!ev'Cueran mead 1"torseeticn limprovements Section No, ICI-:}0078410CN .dub No. C-N a 1494 6 Scapa of Work Page. ? %r 3 �. Gonstrttction �bser�►ation HR Green will provide Construction Observation Services on a time and material, not -to -exceed contract amount basis, HR Green will be on -site to observe and verify that items being constructed and materials being utilized are in general conformance with the approved plans and ecifi spcations and the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction. HR Green will complete Inspector's Daily Reports (IDf�$j acid a daily diary, measure and document contract quantities, complete payment estimates, change orders, and weekly reports. Weekly reports will be submitted to the contractor, IDOT and the City of McHenry. Hid Green will verify that all materials incorporated into this project are IDOT approved and. evidence of material inspection is in compliance with the Project Procedures Guide and Special Provisions of this contract. HR Green shall keep IDOT and the City of McHenry informed as to the progress of construction. A total of six hundred fifty six (�b6j hours have been allr�tted far daily field construction observation for this project. �, i�lleetinc� i=IR Green will attend the preconstruction meotirrg at IDC�T with the City of fUfcHenry, the contractor and subcontractors, HR Green anticipates that there will be six additional construction progress meetings on site with the contractor and the City. A total of forty four (44) hours have been allotted for the Senior Project Manager and Construction Engineer to attend the I DOT preconstruction meeting and construction progress meetings. AdrriinistrationlCoordinatie This task will involve the oversight of the project by rrtanagement, which wiA include the on -going review of the project execution, documentation, schedule and budget, contract file management, and general correspondence between HR Green, City of McHenry, the contractor, and subcontractors, HR Green has allotted forty six (46) hours for the Senior Project Manager and administrative support for the project. S, b Nt 1= u11 Valle )'Curran Road Inlers.ucflon lmproVI' T Olui Section No : 14 O00f)78-000 CH iph ?tits.: C411-14946 project Na.. A,14003(360) SCODC of Work Page 3 of 3 �. p'rojec Close Ciut h1R green anticipates approacirriateiy eighty �8C?) ht�urs far completing the project closeout and final documentation for this project. This task includes the preparation of final job records in accordance with MOT policy. All quantity measurements and calculations will be checked and cross referenced, evidence of material inspection will be finalized, ICORS forms will be printed and bound, and field books and records will be indexed and boxed for final submittal. E. ilAaterial Testing Rubino Engineering v,rill provide the Quality Assurance fVieterial testing Service for this project. Quality Assurance testing for asphalt and concrete shall be completed in accordance with IQO T QCIQA regUirements. Geotechnlcal Services shall be provided on an as needed basis, See Exhibit E for a breakdown of RLibino's anticipated casts. i�isci�tilrner HR Green shall neat supervise: direct Qr have any control aver the contractor's work. i�R Green shall not have any responsibility far the construction means, methods, techniques, sequences or procedures selected by the contractor. Also, HR Green is not responsible for the contractor's safety precautions or programs in connection with this work. These rights and responsibilities are solely those of the contractor. Hl� Green shall ri+Jt be responsible for any acts or omissions of the contractor, subcnntractor or any entity perForming any portion or the �rJork, car any agents or employees of any of'them. HR Green does not guarantee the performance of the contractor and shall not be responsible for the contractor's failure to perform its work in accordance with the contract drawings and documents. HHureen Ii✓xl1ibit P1�.O,I�C'&' �CIII;UULE FCiR. C�JNSTRLTC'TICIi�1 III�tGII�iEEI�ING �Ei�VIC�S 13u11 ValleJyl urrar! 12&?ad lrit Aof c or! Intj nuvp entw Section No.: 14-00078-MC H Project No.: M 4003(360) Tab No.: C-91449-16 �'�,ntiuipated Ct�nstruetian l�n�ineei�n� Mart Date: ItiIitl-,Tune, 201 Anticipated ConStd'LICtiOtl Engineering Completion Date.: September 30, 2016 ,._ � t•d::r?h F�Sant ��trr.:�t, �3!i {] 1��s;3 tsl�sH�iiry, Ifilt-"_�Ig ;;ri.�, Supervisor/ �- ; F John (=ortrnann County dHenry Veputy Director Division of Highways tljunicipality City of McHenry Regional Engineer Section 14-00078=00-CH Department of `transportation Route FAU 3860, 0084 201 West Center Court Contract No. Schaumburg, Illinois 60196A096 Job No, C-91-149-16 Project MA003 3601 1 re comi"tend the fallowing individual as a local public agency employee qualified to be resident construction supervisor and to be in responsible charge of this construction project. I certify that I am in responsible charge as defined by the department of this construction project, Since the local public agency does not have a local public agency employee qualified to be the resident construction supervisor, I any { recommending a consulting engineer to serve as resident construction supervisor, t t• ��F-1 Bate Signature and Title (for the Local Public Agency) Mike Hastings Aoolicants Name (Tyre or Print) Tlie �r�llowing describes my educational background, experience and other qualificakions tp f�sY resident construction supervisor of this tconstruction project for the Local Public Agency. For Consultants, I certify that my firm is prequalified in Construction inspection and my Documentation of Contract Quantities certificate number is 14w030U. Education; b .5. Civil Engineering, Valparaiso University 2007 Professi�inal Engineer, IIlino#s, 2013, �06�t165153 MOT Documentation of Contract Quantities PCC Level I and 11 HMA Level 1 and II Experience 2015 - hdeGullar�t Lake Road , 61 d29 2014 - Johrisburg Road, 63870 2013 - Johnsburg Road, 63515 2012 - Reed Ave. Bridge Reconstruction, 85662 2012 - Pierce Ave. Bridge Reconstruction, 85563 2012 - Newport Blvd, 63504 2012 Village of Streamwood MFT 2011 - Quaker Oats Flood Wall n 11/9/2015 Date Si Hato �tirtstructian Eno J®h i-ple ❑f Appl Based on the above information and my knowledge of the appl#Gant's experience and training, it is my opinion that the applicant is.giaa#,fied to serve as the resident construction supervisor on this construction project Rpprtwed Date Deputy Director Mielon or Highways Regional Engineer cc; Engineer of Local Loads and Streets, Central Bureau of Local Roads and Streets Engineer of Construction, Central Bureau of Construction Resident Construction Supervisor Local Public Agency f'1'liiti"d 1119/2095 Page 1 of 2 BDyiS (Rev. 01(10(12j Local Public Agency Stale Contract Day Labor Local Contract RR Force Account Illinois Department of TranspbdaWn City of McHenry X Section Fund Type ITEP, SRTS, or HSIP Number(s) Local Public Agency Agreement for Federal Participation 14-0007&00-CH STU Construction En in ering Ri ht-of- a Job Number Project Number Job Number project Number Job Number Project Number C-91-14916 M-4003(630) This Agreement is made and entered into between the above local public agency, hereinafter referred to as the OLPX, and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LPA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LPA, approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration, hereinafter referred to as °FHWA". Location Local Name Buli Valley Road Route 9-3860 Length 0.87 mi Termini braper Road to Curran Road CurrentJurisdic#ion LPA TIP Number 11-13-0010 Existing Structure No N/A Project Description Division of Cast Type of Work 5TU % % IPA % Total Participating Construction 1,184,000 ( } ( } 296,000 ( t3Al ) 1,48Q,000 Non -Participating Construction ( } { ) ( ) Preliminary Engineering ( ) E ) ( ) Construction Engineering 96,000 ( ) ( } 24,000 ( BAL ) 120,000 Right of Way ( ) ( ) E ) Railroads ( ) E ) E ) Utilities E ) E ) E ) Materials TOTAL $ 11280,000 $ $ 320,00Q $ 11600,OOQ 'Maximum FHWA (STU) participation is 80 percent and not to exceed $1,280,000. NOTE The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final federal and State participation. The acivai. costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. Local Public Agency Appropriation Sy execution of ibis Agreement, the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum {required for State -let contracts only) Method of Financing (State Contract Work Only) METHOD A ---Lump Sum (80% of LPA Obligation) METHOD B--- Monthly Payments of . A' due by the of each successive month. (See page Two for details of the above methods and the financing of Day Labor and Local Contracts) Printed 212/2016 Page 1 of 5 BLR 05310 (Rev. 09/03115} Agreement Provisions THE LPA AGREES: (1) To acquire in its name, or in the name of the STATE if on the STATE highway system, all right•of-way necessary for this project in accordance with the requirements of Titles II and ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all requirements of Titles 11 and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, and the STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right -of --way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and the FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to In item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after final project close-out by the STATE, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LPA agrees to cooperate fully with any audit conducted by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (S) To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA's estimated obligation incurred under this Agreement. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based on final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LPA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LPA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C, shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LPA on this or any other contract. The STATE, at its sole option, upon notice to the LPA, may place the debt into the Illinois Comptroller's Offset System (15 ILCS 405/10,05) or take such other and further action as my be required to recover the debt. (11) (Local Contracts or Day Labor) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of, the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which the project is federally authorized, the LPA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right of -Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the project Is federally authorized, the LPA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed 7J2I20t 6 Page 2 of 5 BLR 45310 {Rev. 09/43115) (14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates shall be in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, Slate or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To Include the certifications, listed in item 15 above, and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LPA's certification that; (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (c) The LPA shall require that the language of this certification be included in the award documents for all subawards at all Vies (including subcontracts, suhgrants and contracts under grants, loans and cooperative agreements) and that all subreciplents shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right -of --way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) To complete this phase of the project within three (3) years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (23) To comply with the federal Financial Integrity Review and Evaluation (FIRE) program, which requires States and subreciplents to justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. (24) The LPA will submit supporting documentation with each request for reimbursement from theSTATE. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, and personnel and direct cost summaries.and other documentation supporting the requested reimbursement amount (Form BLRS 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. Prinked 2l212a16 Page 3 of 5 BLR 05310 (Rev. 09l03115) The LPA.will submit tothe:STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of This phase of the improvement or from the date of the previous invoice, which ever occurs first. If a final invoice is not received within this time frame, the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) The LPA shall provide the final report to. the appropriate STATE district within twelve months of the physical completion hate ;of the project so that the report may be audited and approved for payment. If the deadline cannot be inet, awritten explanation must be . provided to the district prior to the end of the twelve months documenting the reason and the new anticipated date of completion. If the v.extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result in the immediate close-out of the project and loss of further funding. (26) (Single Audit_Requirem6 its) That if the expends $760,000 or more a year in federal financial assistance they shall have;an audit made in accordance`with 2 CFR 200. LPAs expending less than $750,000 a year shall be exempt from compliance. A copy of the audit report mustbe submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 South Dirksen Parkway, Springfield, Illinois, 62764), within 30 days after the completion of the audit, but no later than one year after the end of the LPA's fiscal year. The CFDA number for all highway planning and construction activities is 204205D ' Federal funds utilized for constructon activities on projects let and awarded by the STATE (denoted by an-S* C in the State ontct ra field at the top of page 1) are riot included in a LPA's calculation of federal funds expended by the LPA for'Single Audit purposes. VWO Tnat_fhe LPA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration (CCR)), which is a web -enabled government -wide application that collects, validates, stores, and disseminates business information about the federal government's trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: htti)s:iAmww.sam.gov/r)ortalipublic/SAM/#I. The LPA.is,also required-lo obtain a qun&Bradstreet (D&B) D-tJ-N-S Number. This: is a unique nine digit number -required to identify subrecipfents of federal funding. A D-U-N-S number can be obtained at the following website: htto://fedgov,dnb.com/webforma THE STATE AGREES: (1) To provide such guidance, assistance -and supervision and to monitor and perform audits to.the extent necessaryto assure validity of the LPA's certification of compliance with Titles II and III requirements. (2} (State Contracts) To receive bids for the construction of the proposed improvement when the. plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To. authorize the LPA to proceed with the construction of the improvement when Agreed Unit Prices are approved, and to reimburse the LPA.for that portion of the cost payable from Federal. and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) For agreements with Federal and/or State funds in engineering, right -of --:way; utility work.and/or construction work: (a) To reimburse the. LPA for the Federal:and/or State share on the basis_of.periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LPA; (b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT l$ MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 'IOta11 of the current edition of the Standard Specificatlons:for Road and Bridge Construction and federal Buy America provisions. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation within one (1) year of the date of execution of this Agreement. (3) This Agreement ihall be binding upon the parties, their successors and assigns. (4) For contracts awarded by the LPA, the LPA shall not discriminate on the.basis of race, color, national origin or sex in the award and performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT — assisted contracts. The LPA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for Printed 2/2/20t 6 Page 4 of 5 BLR 0531:0 (Rev. 09103/15) enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), In the absence of a USDOT — approved LPA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (6) In cases where the STATE is reimbursing the LPA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 13010.01 et se .) unless the previsions of that Act exempt its application. ADDENDA Additional informa#ion andlor stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Map Number 2 — LPA Appropriation Resolution (Insert Addendum numbers and titles as applicable) The LPA further agrees, as a conditfan of payment, #hat it accepts and will comply wish the applicable provisions set forth in #his Agreement and all Addenda Indicated above. APPROVED Local Public Agency Susan E. Low Name of Official (Print or Type Name) Mayor Title (County Board ChairpersonlMayorNllage presidenUetc,} {Signature) Date The above signature certifies the agency's 71N number is 36-6005993 conducting business as a Governmental Entity, DUNS Number 023996275 State of Illinois Department of Transportation Randall S. Blankenhorn, Secretary Date By: Aaron A, VNeatherholtI Deputy Director of Highways Date Omer Osman, Director of highways/Chief Engineer Date William M. Barnes, Chief Counsel Date Jeff Heck, Chief Fiscal Officer (CFO) Date NOTE: If the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. Printed 2/2/ZO'16 Page 5 of 5 St.R 053t4 {Rev. 09103/15) HRGreen LOCATION MAP CITY OF MCHENRY BULL VALLEY ROAD IMPROVEMENTS r�\,. I1liiii �i 'cA t";i i PROPOSED IMPR�1/EMENTS City of McHenry Location: FAU 3860/13ull Valley Road @ Curran Road Section No.: 14-00078-00-CH Project No.: M4003 (630) Job No.: C-91-14946 A RESOLUTION APPROVING AN INTERGOVENMENTALAGREEMENT WITH THE STATE OF ILLINOIS AND THE CITY OF MCHENRY APPROPRIATING FUNDS FOR THE BULL VALLEY ROAD ROADWAY IMPROVEMENT PROJECT WHEREAS, the City of McHenry endeavors to improve a segment of Bull Valley Road from the City limits east of Draper Road to Curran Road that is approximately 0.97 miles in length and known to the Illinois Department of Transportation as MFT Section Number 14-00078-00-CH and State Job Number C-91- 14946; and WHEREAS, the construction cost of said improvement has necessitated the use of federal funds; and WHEREAS, the City of McHenry received one million, two hundred eighty thousand dollars ($1,280,000) in Surface Transportation Program (STP) federal funding through the McHenry County Council of Mayors for the construction and construction engineering of said Bull Valley Road roadway improvements; and WHEREAS, the federal fund source requires a match of local funds; and WHERAS, the use of federal funds requires a joint funding agreement (hereinafter "AGREEMENT") with the Department of Transportation. NOW, THEREFORE, BE IT RESOLVED that the City of McHenry authorizes three hundred twenty thousand dollars ($320,000) or as much of such sum as may be needed to match federal funds in the completion of the aforementioned project known as MFT Section Number 14-00078-00-CH. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute the above - mentioned AGREEMENT and any other such documents related to advancement and completion of said project. Passed this day of , 2016. (SEAL) APPROVED: ATTEST: Mayor ,City Clerk I■ i Henar or r x RIVE Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: February 15, 2016 T0: Mayor and City Council FROM: Derik Morefield, City Administrator John Jones, Police Chief RE: Motion to Authorize the Mayor and City Clerk to Execute a Collective Bargaining Agreement Between the City of McHenry and Illinois Fraternal Order of Police, representing City of McHenry Patrol Officers (Unit 1) ATT: Collective Bargaining Agreement In the spring of 2015 the collective bargaining contract with Unit I (Police Patrol) of the Fraternal Order of Police was set to expire on April 30th and negotiations were well underway when the State released information about the potential for reducing the Local Government Distributive Fund (LGDF) by as much as 50%. In response to this threat, the City Administration requested, and the FOP/Unit I agreed to, a one-year "status quo" extension to wage increases (2%) and insurance contributions. The remaining contract terms were negotiated and a four (4) year contract was approved by Council and FOP/Unit I — expiring April 30, 2019 — with the understanding that wage and insurance benefits for the period of May 1, 2016 through April 30, 2019 would be the subject of negotiations this year. The previous three (3) year contract with FOP/Unit covered the period of May 1, 2012 through April 30, 2015. During this period, annual cost of living increases for wages were identified at 2.0%, 2.0% and 2.0%. Additionally, during this same period, health insurance contributions from Unit I personnel were increased to allow for adjustments to health insurance costs. These increases varied based on the type of plan (PPO, HRA, HMO) and the type of coverage (Single, Single + Spouse, Single + Children, Family). The previous contract, covering the period from May 1, 2009 through April 30, 2012, included wage adjustments that were all under 2.0%. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. The City Administration- represented by the City Administrator, Police Chief, Deputy Police Chief, and Finance Director — met with representatives of FOP/Unit I twice over the last two weeks to discuss, as previously identified, wage and insurance contribution benefits. Based on these discussions it is the opinion of the City Administration that we were able to quickly reach a reasonable agreement for both of these topics. For wages, annual adjustments are proposed to be as follows. May 1, 2016 through April 30, 2017 — 2.50% May 1, 2017 through April 30, 2018 — 2.75% May 1, 2018 through April 30, 2019 — 2.75% The City Administration believes that these wages are comparable to other recent contracts that have been approved and, importantly, would be upheld by an arbitrator as reasonable. In addition, insurance contributions (identified as both a percentage and a dollar cap in the contract document) are being adjusted to ensure that changes to the city's overall health insurance costs can be similarly adjusted in the premiums paid by users of the insurance. It should be noted that non -bargaining unit employees are charged the same rates for insurance as the amounts identified as part of the FOP contracts. The attached collective bargaining agreement includes the same information as approved by Council in 2015 except that the wage table on Page 42 and the health insurance tables on Pages 30-32 have been adjusted to reflect the results of the negotiations between the City Administration and FOP/Unit I. The document is now being presented for approval by the City Council. Therefore, if Council concurs, it is recommended that a motion be made to authorize the Mayor and City Clerk to execute the attached collective bargaining agreement between the City of McHenry and Illinois Fraternal Order of Police, representing the City of McHenry Patrol Officers (Unit 1). It should be noted that the FOP/Unit I unanimously ratified this document on Tuesday, February 9, 2016. Draft 0 mOA6 and PATROL OFFICERS May 1, 2015 —April 30 2019 Springfield -Phone: 217-698-9433 /Fax: 217-698-9487 Western Springs -Phone: 708-784-1010 /Fax: 708-784-0058 Web Address: www.fop.org 24-hour Critical Incident Hot Line: 877dFOP911 Draft 02-05-16 TABLE OF CONTENTS PREAMBLE....................................................................................................................1 ARTICLEI RECOGNITION...........................................................................................1 SectionL l : Recognition................................................................................................. 01 Section 1.2: Duty of Fair Representation...................................................:.......................1 Section 1.3: New Classifications......................................................................................1 ARTICLE 2 UNION SECURITY AND RIGHTS..............................................................2 Section 2.1 a Dues and Fair Share Check-Off......................................................................2 Section2.2: Fair Share....................................................................................................3 Section2.3: Bulletin Board...............................................................................................3 Section 2.4: Union Indemnification. . a 0 0 a 9 0 a 2 0 a 0 0 0 0 a 0 a 8 0 a 0 V a 0 a 0 0 0 0 0 0 0 0 0 9 9 0 a a V a a 0 0 8 a a 1 0 a a a a a a a a a 0 0 9 0 0 0 a a A 0 0 0 V ff a 0 0 0 0 9 0 a a 4 Section2.5: Union Officials.............................................................................................4 ARTICLE 3 MANAGEMENT RIGHTS...........................................................................4 ARTICLE 4LABQR-MANAGEMENT MEETINGS........................................................5 Section4.1 a Meeting Request...........................................................................................5 ARTICLE 5 MAINTENANCE OF ECONOMIC BENEFITS............................................5 ARTICLE 6 HOURS OF WORK AND OVERTIME........................................................6 Section 6.1: General Provisions........................................................................................ 6 Section 6.2: Normal Work Period, Workday and Work Schedule.........................................6 Section 6.3 a Changes in Normal Work Period, Workday and Work Schedule ........................6 Section6.4: Overtime Pay...............................................................................................7 Section 6.5: Court and Training Time...............................................................................7 Section6.6: Call Back Pay...............................................................................................7 Section 6.7: Compensatory Time..................................................................................... 0 8 Section 6.8: Required Overtime........................................................................................8 Section6.9: Shift Trades................................................................................................. m 9 Section 6.10: Seniority Shift Bidding................................................................................ 9 Section 6.11: Officer-In-Charge/Field Training Officer Pay..............................................11 Section6:12: On -Call Pay............................................................................................012 i Draft 02-05-16 ARTICLE 7 SENIORITY, LAYOFF AND RECALL......................................................12 Section 7.1: Definition of Seniority.................................................................................12 Section 7.2: Probationary Period....................................................................................12 Section 7.3: Seniority List..............................................................................................12 Section7.4: Layoff.......................................................................................................13 Section7.5: Recall....................................................................................................... a 13 Section 7.6: Termination of Seniority..............................................................................13 ARTICLE 8 MCHENRY POLICE COMMISSION........................................................14 ARTICLE 9 GRIEVANCE PROCEDURE.....................................................................14 Section9.1: Definition................................................................................................. a 14 Section9.2: Procedure...................... S 0 0 0 R A a a a A 0 0 0 a a a 0 0 9 0 a 0 R 0 a a a a 0 a 0 0 a a 0 a 0 0 a 0 a a 0 0 0 a a 0 E a 0 0 0 0 a 0 0 0 0 a 0 a a a a a E a a a a a 0 a a a a 1 5 Section9.3 Arbitration..................................................................................................16 Section 9.4: Limitations on Authority of Arbitrator..........................................................17 Section 9.5: Time Limit for Filing..................................................................................17 Section 9.6: Union Grievances.......................................................................................17 Section 9.7: Miscellaneous............................................................................................18 ARTICLE 10 NO STRIKE -NO LOCKOUT....................................................................18 Section 10.1: No Strike Commitment..............................................................................18 Section 10.2: Strikes Prohibited. . a 0 9 a a 4 a a a a 0 0 2 0 5 a a 0 0 5 a a 0 0 0 a N x a 0 0 0 a a 0 0 0 0 0 0 a 0 a a a 0 a a 0 0 0 0 0 0 0 0 0 0 0 0 SOON **Rua 0 0 0 0 a 0 E 0 0 a 0 0 0 a a 1 8 Section 10.3: Job Actions Prohibited. ado 1 0 a a 2 0 0 a 2 0 0 0 a a a d 0 0 N 0 a 0 0 0 0 9 a 0 0 2 0 5 a 0 a a a a a a a a a 0 0 0 0 0 0 a 0 Now* a 1 4 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8 Section WAS Violations of This Article.......................................................................... a 18 Section 10.5: Illinois Fraternal Order of Police, Labor Council Notification of Employees ...19 Section10.6: No Lockout..............................................................................................19 Section10.7: Judicial Relief...........................................................................................19 ARTICLE 11 HOLIDAYS AND PERSONAL BUSINESS LEAVE..................................19 Section11.1: Holidays..................................................................................................19 Section 11.2: Eligibility Requirements............................................................................19 Section11.3: Holiday Pay..............................................................................................20 Section 11.40 Personal Business Leave............................................................................20 ARTICLE12 VACATIONS............................................................................................21 Section 12.1: Eligibility and Allowances.........................................................................21 ii Draft 021m*05=16 Section12.2: Vacation Pay............................................................................................21 Section 12.3: Scheduling and Accrual.............................................................................21 ARTICLE 13 SICK LEAVE...........................................................................................23 Section 13.1: Purpose and Allowance.............................................................................23 Section 13.2: Days Earned in Accumulation.................................................................... 23 Section13.3: Notification.............................................................................................. 24 Section 13.4: Medical Examination................................................................................24 Section 13.5: Sick Leave Utilization............................................................................... 24 Section 13.6: Unused Sick Leave....................................................................................24 ARTICLE 14 ADDITIONAL LEAVES OF ABSENCE...................................................25 Section 14.1: Unpaid Discretionary Leaves.....................................................................25 Section14.2: Military Leave......................................................................................... 0 25 Section 14.3: Bereavement Leave................................................................................... 25 Section14.4: Jury Leave................................................................................................26 Section 14.5: Family and Medical Leave Act ("FMLA") Leave ......................................... 26 Section 14.6: Application for Leave................................................................................26 Section 14.7: Benefits While on Unpaid Discretionary Leave............................................26 Section 14.8: Non -Employment Elsewhere......................................................................27 ARTICLE15 WAGES....................................................................................................27 Section15.1: Base Wages..............................................................................................27 Section 15.2 Experience Credits.....................................................................................27 Section 15.3: Tuition Reimbursement. Section 15.4: Deferred Compensation Plan(457K)...........................................................27 Section 15.5: Investigator Stipend..................................................................................27 Section 15.6: Travel Training Reimbursement.................................................................27 ARTICLE 16 UNIFORM ALLOWANCE.......................................................................28 Section 16.1 Initial Uniform...........................................................................................28 Section 16.2 Uniform Allowances..................................................................................28 Section 16.3: Safety Vest Replacement...........................................................................28 Section 16.4: Return of Uniforms and Equipment.............................................................28 Section 16.5: Reimbursement of Uniform Cleaning Expenses...........................................28 111 Draft 02=05-16 ARTICLE17 INSURANCE............................................................................................28 Section 17.1: Coverage and Cost.................................................................................... 28 Section 17.2: Cost Containment.....................................................................................29 Section 17.3: Life Insurance...........................................................................................29 Section 17.4: Terms of Insurance Policies to Govern ........................................................ 29 Section 17.5: Waiver of Insurance..................................................................................29 Section 17.6: Employee Deductible and Co -Insurance Costs.............................................30 Section 18.1: Statement of Policy................................................................................... 32 Section18.2: Prohibitions............................................................................................. a 32 Section 18.3: Drug and Alcohol Testing Permitted........................................................... 32 Section 18.4: Order to Submit to Testing.........................................................................33 Section 18.5: Test to be Conducted................................................................................. 33 Section 18.6: Disciplinary Action................................................................................... 34 Section 18.7: Voluntary Request for Assistance...............................................................35 Section18.8: Treatment................................................................................................ 0 36 ARTICLE 19 EMPLOYEE AND OTHER STATUTORY RIGHTS................................36 Section 19.1: Bill of Rights............................................................................................ 36 Section 19.2: Personnel Files.........................................................................................36 Section 19.3: Indemnification. . 0 0 0 0 a a a 0 a 4 a 0 a 0 a 0 0 a 0 0 0 0 a 0 a a a a 9 a A 0 9 a a 0 Mamma 0 0 0 0 0 9 a d 4 a 0 a x a a a 0 0 0 0 0 0 a a 0 0 a a a 0 0 0 0 0 0 0 0 0 0 a 8 0 d a A a 36 Section19.4: Discipline.................................................................................................36 Section 19.5: Notice of Discipline..................................................................................36 Section 19.6: Access to Arbitration................................................................................036 ARTICLE 20 GENERAL PROVISIONS........................................................................36 Section20.1: Gender.....................................................................................................36 Section 20.2: Ratification and Amendment......................................................................37 Section 20.3: Fitness Examinations....................... Section 20.4: Physical Fitness Requirements....................................................................37 Section 20.50 Secondary Employment.............................................................................37 Section20.6: No Smoking.............................................................................................37 Section 20.8: Rules and Regulations...............................................................................38 Section20.9: Inoculations..............................................................................................38 iv Draft 02-05-16 Section 20.10: Communicable Diseases..........................................................................38 Section 20.11: Replacement of Personal Property............................................................ N 38 Section 20.12: Location of Meetings...............................................................................39 Section 20.14: No Solicitation........................................................................................39 ARTICLE 21 SAVINGS CLAUSE..................................................................................39 ARTICLE 22 IMPASSE RESOLUTION........................................................................39 ARTICLE 23 ENTIRE AGREEMENT...........................................................................40 ARTICLE 24 DURATION AND TERM OF AGREEMENT...........................................40 APPENDIXA WAGE TABLE........................................................................................42 APPENDIX S REQUIRED INITIAL UNIFORM LIST..................................................43 APPENDIX C GRIEVANCE FORM..............................................................................44 APPENDIX D DUES AUTHORIZATION FORM..........................................................46 APPENDIX E —GENERAL ORDER 22.10 ATTENDANCE RQUIREMENT .................47 APPENDIX F —FAMILY MEDICAL LEAVE POLICY ................................................. 50 APPENDIX G —GENERAL ORDER 22.4 SECONDARY EMPLOYMENT ....................... i APPENDIXH SENIORITY LIST...................................................................................58 v Draft 02-05-16 This Labor Agreement entered into by the City of McHenry, Illinois (hereinafter also referred to as the "City" or the "Employer") and the McHenry Police Officers Association (hereinafter also referred to as the "Union" or "Illinois Fraternal Order of Police, Labor Council") is in recognition of the Union's status as the representative of the City's sworn full-time peace officers in the rank of Patrol Officer in the Police Department, and has as its intent and purpose being the establishment of an entire agreement covering all rates of pay, hours of work and conditions of employment applicable to bargaining unit employees during the term of this Labor Agreement; the promotion of good working relations between the Employer and the Union; to encourage and improve efficiency and productivity; to prevent interruptions of work, and interference with the operations of the City; and the establishment of an orderly procedure for the resolution of grievances as provided herein. Therefore, in consideration of the mutual promises and agreements contained in this Labor Agreement, the Employer and the Union do mutually promise and agree as follows: ARTICLE 1 RECOGNITION Section 1.1: Recognition The City recognizes the Union as the sole and exclusive collective bargaining representative for employees in bargaining Unit I defined as all sworn full-time peace officers in the rank of Patrol Officer employed by the Police Department of the City hereinafter referred to as "officers" or "employees"), but excluding all other employees, including, but not limited to: all employees holding the position of Police Chief or Deputy Police Chief, all sworn officers above the rank of Patrol Officer; all part-time or temporary employees; employees excluded from the definition of "peace officer" as defined by Subsection 3(k) of the Illinois Public Labor Relations Act (as it existed on January 1, 1993) (hereinafter referred to as "IPLRA"); all non -Police Department employees; and all managerial, supervisory, confidential, professional, short-term, security and craft employees, as defined by the IPLRA. Section 1.2: Duty of Fair Representation The Union recognizes its responsibility as the exclusive bargaining agent for the employees in the bargaining unit covered by this Labor Agreement, and the Illinois Fraternal Order of Police, Labor Council agrees to fulfill its duty to fairly represent all employees in the bargaining unit, whether or not they are members of the Union. Section 1.3: New Classifications The Employer shall promptly notify the Union of its decision to implement any new classifications pertaining to work of a nature performed by employees in the bargaining unit. If the new classification is a successor title to a classification covered by the Labor Agreement and the job duties are not significantly altered or changed, the new classification shall automatically become a part of this Labor Agreement. If the new classification contains a significant part of the work now being done by any of the classifications covered by this Labor Agreement, or whose functions are similar to employees in this bargaining unit, and the new job classification may fall within the bargaining unit, the parties will then meet within thirty (30) days to review the proposed classification and, if unable to reach agreement as to its inclusion or exclusion from the unit, the Employer and the Illinois Fraternal Order of Police, Labor Council agree to jointly 7 Draft 02=05=16 petition the ISLRB to seek the necessary unit clarification. The Employer shall be free to implement its decision pending the outcome of the unit clarification petition and/or negotiations. If the inclusion of the proposed classification is agreed to by the parties or found appropriate under the Illinois Public Labor Relations Act, the parties shall then negotiate as to the proper pay grade for the classification, subject to the impasse resolution procedures of Article 22 of this Labor Agreement. ARTICLE 2 UNION SECURITY AND RIGHTS Section 2.1: Dues and Fair Share Check -Off. While this Labor Agreement is in effect, the City will deduct the appropriate biweekly amount of dues or fair share fees from each employee in the bargaining unit who has filed with the City a lawful, voluntary, effective check -off authorization form. Check -off authorization forms shall be supplied to the City by the Union, and will be provided to newly hired employees at the same time such employees are requested to complete other required employment documents. The City will honor all executed check -off authorization forms received not later than ten (10) working days (i.e., days the City's administrative offices are open) prior to the next deduction date. If a conflict exists between the check -off authorization form and this Article, the terms of this Article and Labor Agreement control. The City shall provide the Union with an opportunity to meet with all newly hired bargaining unit members on or before their respective starting dates for the purpose of explaining the benefits of membership in the Union. This privilege is subject to being discontinued in the event that a labor organization other than the Union should file a valid representation petition with the ISLRB claiming to represent a majority of the bargaining unit members. Total deductions collected for each month shall be remitted by the City to the Illinois Fraternal Order of Police, Labor Council by the tenth (loth) of the following month, together with a list of employees for whom deductions have been made. Dues and fair share fees deducted shall be sent to the official address designated in writing to the Employer by the Illinois Fraternal Order of Police, Labor Council. The Union agrees to refund to the employee any amount paid to the Illinois Fraternal Order of Police, Labor Council in error on account of this dues deduction provision. Dues or fair share shall be withheld and remitted to the Illinois Fraternal Order of Police, Labor Council unless or until such time as the City receives ten (10) working days written notice a revocation of dues and fair share check -off from an employee, or other timely notice of an employee's death, transfer from covered employment, termination of covered employment, or when there are insufficient funds available in the employee's earnings after withholding all other legal and required deductions. Information concerning dues and fair share not deducted under this Article shall be forwarded to the Union, and this action will discharge the City's only responsibility with regard to such cases. The City shall provide the Union with a copy of any revocation of dues deduction authorization within seven (7) calendar days of the date the revocation is received by the City. Semiannually, the City shall provide the Union with a list of all employees in the bargaining unit, their fair share/dues status, and the amount paid in the previous six (6) month period. Deductions shall cease at such time as a strike or work stoppage occurs in violation of Article 10 (No Strike -No Lockout). The actual dues and fair share amounts to be deducted shall be certified in writing to the City by the Illinois Fraternal Order of Police, Labor Council. Dues and fair share fees shall each be uniform in dollar amount for all employees in order to ease the Employer's burden of administering this provision. 2 Draft 02=05=16 The Illinois Fraternal Order of Police, Labor Council may change the fixed uniform dollar amounts of its regular monthly dues and fair share fees once each calendar year during the life of this Labor Agreement. The Illinois Fraternal Order of Police, Labor Council will give the City thirty (30) calendar days' notice of any such change in the amount of uniform dues or fair share fees to be deducted. Section 2.2: Fair Share (a) During the term of this Labor Agreement, bargaining unit members who are not members of the Illinois Fraternal Order of Police, Labor Council shall, commencing thirty (30) days after their employment or thirty (30) days after the effective date of this Labor Agreement, whichever is later, pay a uniform fair share fee to Illinois Fraternal Order of Police, Labor Council for collective bargaining and contract administration services rendered by Illinois Fraternal Order of Police, Labor Council, provided that the fair share fee shall not exceed the dues attributable to being a member of the Illinois Fraternal Order of Police, Labor Council shall periodically submit to the City a list of members covered by the Labor Agreement who are not members of Illinois Fraternal Order of Police, Labor Council. The fair share fee shall not include contributions related to the election or support of any candidate for political office, or for any member only benefit. (b) Illinois Fraternal Order of Police, Labor Council agrees to assume full responsibility to ensure full compliance with the requirements set forth by the United States Supreme Court in Chicago Teachers Union v. Hudson. 106 U.S. 1066 (1986), with respect to the constitutional rights of fair share payers as well as all applicable provisions of the Illinois Public Labor Relations Act and rules and regulations promulgated hereunder relating to fair share fees. It is specifically agreed that any dispute a fair share fee payer may have with the Illinois Fraternal Order of Police, Labor Council concerning the amount of the fair share fee and/or the responsibilities of the Illinois Fraternal Order of Police, Labor Council with respect to fair share payers shall not be subject to the grievance and arbitration procedure set forth in this Labor Agreement. (c) Non-members who object to this fair share fee based upon bona fide religious tenets or teachings shall direct the Illinois Fraternal Order of Police, Labor Council to pay an amount equal to such fair share fee to a nonreligious charitable organization mutually agreed upon by the employee and the Illinois Fraternal Order of Police, Labor Council. If the affected non-member and the Illinois Fraternal Order of Police, Labor Council are unable to reach agreement on the organization, the organization shall be selected by the affected non- member from an approved list of charitable organizations established by the Illinois State Labor Relations Board and the payment shall be made to said organization. Section 2.3: Bulletin Board The City will make available space on a bulletin board in the Police Department for the posting of official Union business which is germane to its role as the exclusive bargaining representative and which are not defamatory or derogatory in nature. The Union will limit the posting of Union business to such bulletin board. 3 Draft 02=05=16 The posting of political materials shall be limited to notice of meetings wherein political issues will be addressed, proposed agenda of political topics to be discussed, and the posting of any final action taken by Illinois Fraternal Order of Police, Labor Council with respect to said political issues via the posting of meeting minutes. Section 2.4: Union Indemnification The Union shall indemnify, defend and hold harmless the City and its officials, representatives and agents against any and all claims, demands, suits or other forms of liability (monetary or )therwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by the City in complying with the provisions of this Article. Section 2.5: Union Officials For purposes of the Labor Agreement, the term "Union Officials" or "Union Officers" shall refer to the Union's duly elected Union stewards. The Union will maintain (and keep current) with the Employer a complete written list of its Union Officials and other agents (including their addresses and telephone numbers) who will deal with the City. ARTICLE 3 MANAGEMENT RIGHTS Except as specifically limited by the express provisions of this Labor Agreement, the City retains all traditional rights to manage and direct the affairs of the City in all of its various aspects and to manage and direct its employees, to make and implement decisions with respect to the operation and management of its operations in all respects, including, but not limited to, the following: to plan, direct, control and determine all the operations and services of the City; to determine the Police Department's mission, policies, procedures, and to set all standards of service offered in the community; to determine the budget, and to allocate budgetary priorities; to utilize and select suppliers and subcontractors; to supervise and direct the working forces; to establish the qualifications for hire and conditions for continued employment; to determine standards of conduct, both on and off duty, to the extent permitted by federal and state law; to select, hire, train, evaluate, promote, demote and transfer employees; to schedule and assign work and work duties; to assign overtime; to establish and enforce work, productivity and performance standards and, from time to time, to change those standards; to determine the methods, means, organization and number of personnel by which City operations and services shall be provided or purchased; to determine whether services are to be provided by employees covered by this Labor Agreement or by other employees or non -employees not covered by this Labor Agreement (provided such action does not result in layoffs in violation of the IPLRA); to make, alter and enforce rules, regulations, orders and policies; to change or eliminate existing methods, equipment or facilities; to layoff or otherwise relieve employees from duty because of lack of work or for other reasons; and to take any and all actions as may be necessary to carry out the mission, duties and responsibilities of the City in situations of local disaster of civil emergencies as may be formally declared by the Mayor or Mayor's designee, the provisions of this Labor Agreement notwithstanding. It is the sole discretion of the Mayor or Mayor's designee to declare that a local disaster of civil emergency condition exists. In the event of such emergency action, the provisions of this Labor Agreement may be suspended. A local disaster of civil emergency shall include, but is not limited to, riots, civil disorder, and natural or manmade disaster conditions. 0 Draft 02-05-16 ARTICLE 4 LABOR-MANAGEMENT MEETINGS Section 4.1. Meeting Request The Illinois Fraternal Order of Police, Labor Council and the City agree that, in the interest of efficient management and harmonious employee relations, meetings are held up to once quarterly at the request of either party or at other times mutually agreed between Illinois Fraternal Order of Police, Labor Council representatives and the Chief and/or the City Administrator. It is expressly understood and agreed that such meeting shall be exclusive of the grievance procedure. Specific grievances being processed under the grievance procedure shall not be considered at "labor-management meetings" nor shall negotiations for the purpose of adding to or altering any of the terms of this Labor Agreement be carried on at such meetings. Attendance at labor-management meetings shall be voluntary on the employee's part, and attendance by off -duty personnel during such meetings shall not be considered time worked for compensation purposes. If at the quarterly labor management meeting or meetings scheduled at the request or consent of the City during the regularly scheduled duty hours of one (1) or two (2) employee Union representatives, and if it is mutually agreed between the Chief or Chiefs designee and the Union, such employee Union representatives shall be released from duty without loss of pay, provided they shall remain available to return to duty if needed. Normally, up to three (3) persons from each side shall attend these meetings, schedules permitting. Such meetings may be requested by either party at least seven (7) days in advance by placing in writing a request to the other for a "labor-management meeting" and expressly providing the agenda for such meeting. Such meetings and locations, if mutually agreed upon, shall be limited to: (a) discussion on the implementation and general administration of this Labor Agreement; (b) a sharing of general information of interest to the parties; (c) notifying the Illinois Fraternal Order of Police, Labor Council of changes in conditions of employment contemplated by the Employer which may affect employees; (d) issues or concerns involving safety. ARTICLE 5 MAINTENANCE OF ECONOMIC BENEFITS All economic benefits which are not set forth in this Labor Agreement and have not been eliminated during negotiations and that are currently in effect shall continue and remain in effect until such time as the City shall notify Illinois Fraternal Order of Police, Labor Council of its intention to change them. Upon such notification, and if requested by Illinois Fraternal Order of Police, Labor Council, the City shall meet and discuss such change before it is finally implemented by the City. Any change made without such notice shall be considered temporary pending the completion of such meet and confer discussions. If Illinois Fraternal Order of Police, Labor Council becomes aware of such change and has not received notification, the Illinois Fraternal Order of Police, Labor Council must notify the City as soon as possible and request discussions, if such discussions are desired. The failure of the Illinois Fraternal Order of Police, Labor Council to request discussions shall act as a waiver of the right to such discussions by Illinois Fraternal Order of Police, Labor Council; however, no waiver will be construed to have 5 Draft 02=05=16 occurred absent a showing that the Illinois Fraternal Order of Police, Labor Council actually knew of the City's proposed or temporary change and failed to act upon it. No past economic practice, however, shall be construed so as to supersede or alter the plain meaning of the express provisions of this Labor Agreement, nor shall this Article be deemed to restrict management rights as outlined in this Labor Agreement. ARTICLE 6 HOURS OF WORK AND OVERTIME Section 6.1: General Provisions Purpose of Article The sole purpose of this Article is to provide a basis for the calculation of straight time, overtime, and other premium wages. The Employer's pay records, practices, policies and other procedures shall govern the payment of all wages. No Guarantee of Work Nothing in this Article shall be construed as a guarantee of hours of work. This Article is intended only as a basis for computing overtime consistent with the provisions of the Fair Labor Standards Act. This Article is not intended to establish a right to compensation in any form for time not worked except as specifically provide for in this Labor Agreement. No Pyramiding Compensation shall not be paid more than once for the same hours under any provision of this Labor Agreement. Section 6.2: Normal Work Period, Workday and Work Schedule Shift Employees' normal work schedules are as follows: 7:30 AM-4:00 PM (Days) 3:30 PM-12:00 AM (Afternoons a/k/a evenings) 11:30 PM-8:00 AM (Nights a/k/a midnights) Employees shall work what is commonly referred to the 6-3 schedule. The normal workday for shift employees is 8.5 hours for six (6) days, followed by three (3) days off. The workday includes a paid thirty (30) minute lunch break, which will normally be scheduled by the officer's immediate supervisor. It is understood by the parties that this schedule includes two (2) buy back days. The Chief of Police or Chief s designee will assign personnel to training during the year to total the appropriate number of buy-back hours. Section 6.3: Changes in Normal Work Period, Workday and Work Schedule The shifts, workdays and hours to which employees are assigned shall be stated on the Departmental work schedule. Subject to the provisions of Section 6.10 herein, should it be necessary in the interest of efficient operations to temporarily alter or reassign the regular and normal workday, work period, work shift or work schedule, absent unexpected circumstances or an emergency, the City shall give at least twenty-four (24) hours notice to the individuals affected by any such change. Illinois Fraternal Order of Police, Labor Council and the City agree that the normal twenty-four (24) hour scheduling arrangement as set forth in Section 1.2 shall commence on January 1, 1997 and shall continue thereafter for a trial period of two (2) calendar years. If, during the initial trial period, the City or Illinois Fraternal C1 Draft 02-05-16 Order of Police, Labor Council encounter concerns with the scheduling arrangement as set forth in Section 6.2, such concerns shall be brought to the attention of the other party by way of a Labor Management conference as set forth in Article 4 herein. After the initial trial period, if the City, in its discretion, desires to permanently alter the normal twenty- four (24) scheduling arrangement as set forth in Section 6.2, the City shall (1) inform the Union of any such change thirty (30) days before it is implemented and (2) if requested, allow the Union the opportunity to comment on same through a labor-management meeting in accordance with Article 4, the City's discretion in permanently altering the normal twenty-four (24) hour scheduling arrangement shall not be unreasonably applied. Section 6.4: Overtime Pay When any employee works more hours in a workday than the number of hours in the employee's normal shift or works more than one hundred seventy-one (171) hours in a twenty-eight (28) day work period, the officer shall be paid at a rate of one and one-half (14/2) times the officer's regular straight -time hourly rate of pay for each overtime hour worked beyond the employee's normal shift or one hundred seventy-one (171) hours in a twenty-eight (28) day work period. A non -shift employee shall be paid at one and one-half (14/2) times the officer's regular straight time hourly rate of pay for each hour worked in excess of the employee's normal shift or in excess of forty (40) hours in a seven (7) day work period. Overtime pay shall be received in fifteen (15) minute segments as provided by the Fair Labor Standards Act (FLSA). For purposes of this Article, time worked shall include only that time spent on duty as provided by the Fair Labor Standards Act (FLSA), and shall not include any uncompensated periods or time which is compensated but not actually worked, including but not limited to vacation, sick leave, or any other leave of absence. All overtime shall be paid on the basis of a regular straight time hourly rate calculated by dividing an employee's annual salary by 2080. The parties herein agree that with the transition to the normal twenty-four (24) hour scheduling arrangement as set forth in Section 6.2, all overtime hours incurred during the initial pay period as a result of said transition shall be paid to bargaining unit members at the affected officer's normal straight time rate of pay. Section 6.5: Court and Training Time Police Officers who would otherwise be off -duty shall be paid a minimum of two (2) hours' pay and be paid a minimum of three (3) hours pay for Branch 1 appearances, excluding grand jury appearances, at their applicable overtime rate of pay for all hours worked when (1) appearing in court on behalf of the City in the capacity of a commissioned officer, or (2) when preparing for an off -duty court appearance when in the presence of a prosecuting attorney, or (3) when participating in mandatory off -duty training exercises or meetings. The two (2) hour minimum (three (3) hour minimum for Branch 1 appearances) shall not apply where (1) the court or training or meeting time precedes within two (2) hours of the employee's regular work shift or (2) court or training or meeting time immediately follows an employee's regular work shift. Lunch periods in connection with court time shall not be counted toward hours worked. Section 6.6: Call Back Pay A call-back is defined as a work assignment which does not immediately precede or follow an employee's regularly scheduled working hours. A Police Officer called back to work after 7 Draft 02-05=16 having left work shall receive a minimum of two (2) hour's pay at the overtime rate, unless the individual is called back by the Patrol Officer's supervisor to rectify the officer's own error. Section 6.7: Compensatory Time Where requested by the affected employee, the City shall grant compensatory time for all overtime hours worked, up to a maximum of fifty-one (51) hours of compensatory time per shift employee, or fifty-one (51) hours of compensatory time per non -shift employee, in any given calendar year. Compensatory time may be replenished. Compensatory time off shall be taken at such time as agreed to by the Chief of Police. Accumulated compensatory time not taken by the end of the calendar year shall be paid to the affected employee on the first scheduled payroll in the next calendar year, with the exception of seventeen (17) hours or two regular shifts, whichever is less, which may be carried over to the next calendar year. Compensatory time off shall be counted toward hours of work for purposes of calculating overtime. Compensatory times shall be used in increments of no less than two (2) hours. Section 6.8: Required Overtime The Chief of Police or Chief s designee(s) shall have the right to require overtime work and employees may not refuse overtime assignments. In non -emergency situations, the Chief or Chief s designee as a general rule shall take reasonable steps to obtain volunteers for overtime assignments before assigning required overtime work. However, volunteers will not necessarily be selected for work in progress. Also, specific employees may be selected for special assignments based upon specific skills, ability and experience they may possess. Regular Shift Shortage Required Overtime When such regular shift required overtime becomes available, it will be offered in the following steps: Shift Shortage (with Supervisor already working on the short shift) 1. It shall be offered first to the off going and on coming bargaining unit personnel in four (4) hour increments by seniority, then Z. Offered to off going and on coming supervisors in four (4) increments, then 3. Offered to bargaining unit personnel assigned to the affected shift who are currently off duty by seniority, then 4. Offered to supervisors assigned to the affected shift who are currently off duty, then 5. If the hours remain unfilled, then officers will be ordered to work the required overtime based on reverse seniority of the off going and on coming shifts, in four (4) hour increments. Shift Shortage (with no Supervisor working the short shift) 1. It shall be offered first to off going and on coming supervisors in four (4) hour increments, then 2. Offered to the off going and oncoming bargaining unit personnel in four (4) hour increments, by seniority, then 3. Offered to supervisors assigned to the affected shift who are currently off duty, then Draft 02=05-16 4. Offered to bargaining unit personnel assigned to the affected shift who are currently off duty by seniority, then 5. If the hours remain unfilled, then officers will be ordered to work the required overtime based on reverse seniority of the off going and on coming shifts, in four (4) hour increments. Special Events /Special Assignment Required Overtime When such special event /special assignment required overtime becomes available, the overtime shall be posted as an overtime detail by the Chief of Police or the Chief s designee(s). The overtime shall be made available to all Unit I bargaining members and those selected will be selected on a rotating seniority basis (that resets annually) and job qualifications. If hours remain unfilled, the overtime shall be filled by ordering members of the bargaining unit to work on a reverse seniority basis. All special assignments that have been approved by the Chief of Police as "Special Assignment Required Overtime" details shall be overtime assignments and one and one half the selected officer's hourly rate of pay will apply. Overtime Assignment Exception The McHenry West Campus Bus Detail will be filled on a continuous rotating seniority basis. The McHenry West Campus Bus Detail will not follow seniority selection but Officers and Sergeants will be able to sign up for three (3) details at a time until all monthly bus details are filled. The Chief of Police or Chief s designee(s) will maintain a record of the process used to assign overtime and will make available to the Union Stewards upon request. Section 6.9: Shift Trades In accordance with the Fair Labor Standards Act, an employee may trade duty days with another employee in the same rank and position, provided that the trade: (a) has been requested at least one (1) duty day in advance, (b) does not adversely interfere with the operations of the department or an employee's training and (c) is approved by the Chief of Police or Chief s designee; such approval not to be unreasonably withheld. It is understood in this regard that the substitute employee must be capable of performing all of the job functions of the employee originally scheduled to work the shift. The hours worked by the substitute employee shall be excluded by the City in the calculation of hours, for which the substitute employee would otherwise be entitled to compensation including overtime compensation. The hours worked by the substitute employee shall be counted as hours worked by the employee originally scheduled to work. Section 61Ike Seniority Shift Bidding Bargaining unit employees with three (3) or more years of experience as of the date of the initial shift bid shall be allowed to exercise their seniority for selection of shift assignments and day off pattern on an annual basis. Bargaining unit employees with less than three (3) years of seniority as of the date of the initial shift bid shall be allowed to exercise their seniority for selection of the First quarter third year shift assignment on an annual basis. Thereafter, bargaining unit member's eligibility for annual shift bidding and day off pattern will be determined based on the employee's seniority as of October 1 each year. C Draft 02-05-16 Shift Bids The Employer shall conduct shift bids between September 1 and September 30 each year, for shifts effective January 1, by compiling a list of personnel seniority dates. Employees shall then bid for their choices of shift. Employees shall be given choices corresponding to the number of positions for each shift. All positions of a shift shall be available, except those reserved by the Employer as defined below. On or before October 1, the employer shall post a list identifying which shift each Officer has been assigned. Early car assignments will be selected by the selected by the Chief of Police or Chief s designee(s). Rotation Selection The Employer shall conduct day off patterns bids between October 1 and October 31 each year for day off patterns effective January 1. On or before October 1, the Employer shall post a list identifying which shift each officer has been assigned. Officers assigned to early cars on each shift will bid for a rotation amongst themselves by seniority. Officers on each individual shift with three (3) or more years of experience as of October 1, that are not designated as early cars, will bid amongst themselves by seniority for their day off pattern. Officers with less than three (3) years of experience as of October 1, will not be eligible to bid their day off pattern, but will be assigned their pattern by the Chief of Police or his designee(s). Any shift transfers required as a result of this process shall take effect January 1 each year. Reserved Positions 1. For all positions available within the bargaining unit, the Employer retains the right to make shift assignments during the first three (3) years of service in positions reserved by the Employer for inexperienced Officers. A) Employees with less than three (3) years of seniority as of October 1st each calendar year shall be ineligible for unit wide seniority shift bidding. However, employees will choose the shift starting time for the first quarter of each calendar year. Thereafter, said employees will remain on said shift for a period of seventeen (17) weeks. After each seventeen (17) week period, employees will rotate counter clockwise to the next shift starting time for the subsequent seventeen (17) week period, and all shall continue to rotate every third year thereafter for the remainder of the calendar year. Employees with less than three (3) years of seniority as of October 1 st each calendar year shall be placed into the same days -off groups on each shift to the extent permissible. 2) Illinois Fraternal Order of Police, Labor Council and the City agree that employee assignments to K-9 Officer, Street Crimes, School Liaison, Task Force and Investigations shall not be considered "available positions" within the meaning of this Section. 3) The Chief of Police reserves the right to temporarily reassign a bargaining unit member to a shift other than the shift the employee bid for by seniority as provided herein, for purposes of continuing law enforcement education and training or other required training of the employee, subject to the notice provisions of Article 6, Section 6.3 herein. 10 Draft 02-05-% 4) The Chief of Police reserves the right to temporarily reassign a bargaining unit member to a shift other than the shift the employee bid for by seniority as provided herein, to temporarily replace another bargaining unit member on extended medical leave of absence. 5) The Chief of Police reserves the right to temporarily reassign bargaining unit members to a shift other than the shift the employee bid for by seniority as provided herein, in the event of an emergency. 6) The Chief of Police reserves the right to reassign a bargaining unit member to a shift other than the shift the employee bid for by seniority as provided herein, where performance deficiencies give rise to the necessity of such transfer. In the event an employee's performance is deficient, and where the employee has been subjected to an oral reprimand and has subsequently been subjected to a written reprimand for the employee's performance deficiencies, the Chief of Police, in his discretion, may reassign the employee to another shift determined to be appropriate, said discretion not to be unreasonably applied. A) In the event the Chief of Police reassigns a bargaining unit member to another shift due to performance deficiencies of the bargaining unit member as described herein above, the City shall first offer to an employee in the same day off group as the transferred employee the opportunity to fill the shift vacancy created by the disciplined employee's transfer. If an employee in the same day off group declines the opportunity to fill the shift vacancy, the City agrees to fill the shift vacancy created by the disciplined employee's transfer with a bargaining unit member from the five (5) years or less seniority group, rather than to compromise the schedule of employees within the five (5) years or more of seniority shift bidding group. Shift Trades By mutual agreement between employees with the consent of the Chief of Police or Chiefs designee, subject to the operating needs of the department, individual employees may bid shift changes in addition to the annual bid. Shift Vacancies If after bidding for shift a vacancy occurs (sixty (60) days or longer), then preferably an employee on a duplicate day off group may be moved to the vacant poson. No further bidding of shifts shall occur until the normal annual shift bidding procedure occurs. The shift bidding provisions above shall begin on October 1, 1996 to be effective for the calendar year beginning January 1, 1997 and shall continue thereafter in subsequent calendar years. Nothing in this Article shall limit the rights of the City or Chief of Police to determine the number of officers on each shift. Section 6.11: Officer-In-Charge/Field Training Officer Pay An employee assigned as anOfficer-In-Charge for a minimum of four (4) hours during a shift shall receive additional compensation in the amount of one (1) hour of pay for such assignment. Only one (1) Officer can receive OIC pay per shift. An employee assigned as a Field Training Officer for a minimum of four (4) hours during a shift shall receive additional compensation in the amount of one (1) hour of pay for such assignment. 11 Draft 02=05=16 No more than two (2) Officers can receive FTO pay for training the same employee on the same Jay. In the event an employee is assigned to both positions during the same shift, the employee will receive the higher of the two (2) rates. Section 6:12: On -Call Pay Officers who are regularly assigned to be On -Call as a part of their duties shall be compensated for this On -Call status by payment of twenty (20) hours of straight -time pay. Ten (10) hours shall be paid in the first half of the year (May) and ten (10) hours shall be paid in the second half A the year (November). ARTICLE 7 SENIORITY, LAYOFF AND RECALL Section 7.1: Definition of Seniority For purposes of this Labor Agreement, seniority shall be defined as an employee's length of continuous service from the last date of beginning continuous full-time employment in a position covered by this Labor Agreement. Seniority shall accumulate during all authorized paid leaves of absence and during suspensions of thirty (30) days or less. Seniority shall not accumulate from the first day of an authorized unpaid leave or absence of lay off of thirty (30) calendar days or more. Conflicts of seniority shall be determined on the basis of the order of the employees' names on the eligibility list from which they were hired. Section 7.2: Probationary Period All new employees and those hired after loss of seniority shall be considered probationary employees until they have completed a probationary period of fifteen (15) months of work. The probationary period may be extended up to three (3) months by the Chief of Police. Time absent from duty or not served for any reason (such as, including but not limited to, unpaid leave of absence, duty related injury or illness, jury duty, military leave, etc.) shall not apply toward satisfaction of the probationary period, except for holidays, vacation and paid sick leave. Probationary employees shall be entitled to all rights, privileges and benefits provided for in this Labor Agreement, except that during an employee's probationary period, the employee may be terminated without cause. Such probationary employee shall have no recourse to the grievance procedure or to the Board of Police Commissioners to contest a layoff or termination. Furthermore, there shall be no seniority among probationary employees for purposes of layoffs. Upon successful completion of the probationary period, an employee shall acquire seniority which shall be retroactive to the officer's last date of hire with the City in a position covered by this Labor Agreement. Officers hired from other Departments who are fully credited will be considered probationary until they have completed a probationary period of twelve (12) months of work. The Chief of Police may extend the probationary period up to three (3) months. Section 7.3: Seniority List On or about October 1 each year, the City will provide the Union with a seniority list of all employees in the bargaining unit setting forth each employee's seniority date and rank. The City shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the City in writing within thirty (30) days after the Union's receipt of the list. Upon request in writing to the Police Chief, an updated seniority list will be provided to the Union during the course of the year. 12 Draft 02=05=16 Section 7.4: Layoff The City, in its discretion, shall determine whether layoffs are necessary. If it is determined that layoffs are necessary, employees covered by this Labor Agreement will be laid off in accordance with their length of service as provided in the Illinois Compiled Statutes (65 ILCS 5/10-2.148, as it existed as of January 1, 1993), provided that, however, probationary employees shall be selected for layoff based on relative skill and ability as determined by the Chief; and provided further that the remaining employees are qualified to do the remaining work without further training. In the event a non -probationary employee is laid off ahead of a probationary employee subject to the aforementioned provision, said non -probationary employee or employees shall be given an additional twelve (12) months (up to a total of twenty-four (24) months) for purposes of recall pursuant to Section 7.5. Section 7.5: Recall Employees (including probationary employees) who are laid off shall be placed on a recall list, in the reverse order of their layoff for a period of twelve (12) months. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they meet the City's medical, physical fitness and mental standards and are fully qualified to perform the work to which they are recalled without further training. An employee who is recalled and fails to meet such standards at the time of recall shall be passed over and returned to the top of the recall list; such an employee will be eligible for a second recall for a future vacancy so long as the officer remains on the recall list. An employee's seniority will be terminated if the officer fails such standards upon a second recall. Employees who are eligible for recall shall be given at least thirty (30) calendar days' notice of recall (with the first of the thirty (30) days being the date the notice to the employee is postmarked). The notice of recall shall be sent to the employee by certified mail, return receipt requested, with a copy similarly mailed or personally delivered to a designated representative of the Union. The employee must notify the Police Chief or Chiefs designee of the officer's intention to return to work within three (3) calendar days after receiving notice of recall (but in no event later than thirty (30) days from the date of postmark of the notice of recall). The City shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the mailing address last provided by the employee, it being the obligation and responsibility of each employee to provide the Police Chief or Chief s designee with the officer's latest mailing address. If an employee fails to timely respond to a recall notice or if an employee either declines the recall or does not report to work as scheduled, the officer's name shall be removed from the recall list. If the City has not heard from the employee within thirty (30) calendar days of mailing a properly addressed notice of recall, or if the notice is returned as undeliverable by the United States Postal Service, whichever occurs first, the employee's name shall be removed from the recall list. Section 7.6: Termination of Seniority Seniority for all purposes and the employment relationship shall be terminated if the employee: (a) quits; retires or is retired, (b) is discharged, for just cause; 13 Draft 02=05-16 (c) falsifies the reason for a leave of absence or is found to be working during a leave of absence without prior written approval of the Chief, (d) fails to report to work at the conclusion of an authorized leave of absence, layoff or vacation, (e) is laid off and fails to respond to a notice of recall within three (3) calendar days after receiving notice of recall or to report for work at the time prescribed in the notice of recall or otherwise does not timely respond to a notice of recall as provided in Section 7.5 of this Labor Agreement; (f) is laid off or otherwise does not perform bargaining unit work for the City for a period in excess of twelve (12) months; or (g) is absent for three (3) consecutive working days without notification to or authorization from the City. ARTICLE 8 MCHENRY POLICE COMMISSION The parties recognize that the Board of Police Commissioners of the City of McHenry has certain statutory authority over employees covered by this Labor Agreement, except as otherwise referenced in this Labor Agreement, including but not limited to certain authority over discipline and discharge of probationary employees and the right to make, alter and enforce rules and regulations. Nothing in this Labor Agreement is intended in any way to replace or diminish the authority of the Board of Police Commissioners, except as otherwise denoted in the Labor Agreement. ARTICLE 9 GRIEVANCE PROCEDURE Section 9.1: Definition A "grievance" is defined as a dispute or difference of opinion raised under and during the term of this Labor Agreement (as set forth in Article 24, Duration and Term of Agreement) by an employee against the City involving an alleged violation, misinterpretation, or misapplication of an express provision of this Labor Agreement. The parties agree that the Chief of Police (or the Chief s designee) shall have the right to implement disciplinary suspension, including termination of a covered member for just cause, and shall not file charges with the City's Board of Fire and Police Commissioners. Neither the Police Chief nor the City or their agents will file charges asking the Board of Fire and Police Commissioners to impose discipline on any non - probationary bargaining unit employee; instead all such discipline shall be imposed by the Police Chief or designee. The decision of the Police Chief or the Chief s designee with respect to any suspension or dismissal action shall be deemed final, subject only to the review of said decision through the grievance and arbitration procedure. The sole recourse for appealing any such decision by the Chief of Police or the Chief s designee shall be for the employee to file a grievance as described herein. If the employee elects to file a grievance as to their suspension or dismissal, the grievance shall be processed in accordance with Article 9 of this Labor Agreement, except that it shall be filed at step 4 of the procedure. If the grievance proceeds to arbitration and the arbitrator determines that the disciplinary action was not supported by just cause, the arbitrator shall have the authority to rescind or to modify the disciplinary action and 14 Draft 02=05=16 order back pay, or a portion thereof. No relief shall be available from the Board of Fire and Police Commissioners with respect to any matter which is subject to the grievance and arbitration procedure set forth in Article 9 of this Labor Agreement. The parties have negotiated in alternative procedure based upon the grievance and arbitration provisions of this Labor Agreement, and the foregoing provisions with respect to the appeal and review of suspension and discharge decisions shall be in lieu of, and shall expressly supersede and preempt and provisions that might otherwise be the Rules and Regulations of the City's Board of Fire and Police Commissioner's. Discipline of probationary officers, as well as any verbal warnings, written reprimands or written warnings shall not be subject to the grievance and arbitration procedure. Section 9.2: Procedure A grievance filed against the City will be processed in the following manner. The parties may bypass one or more steps of the following procedure by written mutual agreement: Step 1 An employee who has a grievance is encouraged to resolve the grievance informally through discussions with the officer's immediate supervisor (normally the Officer's sergeant) who is not a member of any bargaining units and who is not otherwise represented by any Union. Any employee who has a grievance that cannot be resolved informally shall submit the grievance in writing to the immediate supervisor who is not a member of any bargaining unit and who is not otherwise represented by any Union specifically indicating that the matter is a grievance under this Labor Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Labor Agreement which are alleged to have been violated, and the specific relief requested. All grievances must be presented no later than seven (7) calendar days from the date of the occurrence of the event first giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the first event giving rise to the grievance. The immediate supervisor shall render a written answer to the grievant within seven (7) calendar days after the grievance is presented. Step 2 If the grievance is not settled at Step 1 and the grievant wishes to appeal to Step 2 of the grievance procedure, it shall be submitted in writing to the appropriate Division Commander within seven (7) calendar days after receipt of the City's written answer in Step 1 or within seven (7) calendar days of when the City's answer in Step 1 was due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step of the grievance procedure. The Division Commander shall meet to discuss the grievance with the grievant at a mutually agreeable time within seven (7) calendar days of the Division Commander's receipt of the grievance. The Division Commander may present other persons whom the Division Commander deems appropriate. If no settlement of the grievance is reached, the Division Commander will provide a written answer within seven (7) calendar days of the meeting or, if no meeting is held, within seven (7) calendar days after the Division Commander's receipt of the grievance. Step 3 If the grievance is not settled at Step 2 and the grievant wishes to appeal to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's written answer in Step 2 within seven (7) calendar days of when the City's written answer in Step 2 was due. 15 Draft 02-05-16 The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step of the grievance procedure. The Chief shall meet to discuss the grievance with the grievant and a Union Official at a mutually agreeable time within seven (7) calendar days of the Chiefs receipt of the grievance. The Chief may present other persons whom the Chief deems appropriate. If no settlement of the grievance is reached, the Chief will provide a written answer within seven (7) calendar days of the meeting or, if no meeting is held, within seven (7) calendar days after the Chief s receipt of the grievance. Step 4 If the grievance is not settled at Step 3 and the grievant wishes to appeal the grievance to Step 4 of the grievance procedure, it shall be submitted in writing to the City Administrator within seven (7) calendar days after receipt of the City's written answer in Step 3 or within seven (7) calendar days of when the City's written answer in Step 3 was due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step of the grievance procedure. The City Administrator or City Administrator's designee shall investigate the grievance and, in the course of such investigation, shall meet to discuss the grievance within seven (7) calendar days with the grievant and a Union Official. The City Administrator may present other persons whom he deems appropriate. If no such settlement of the grievance is reached, the City Administrator or City Administrator's designee shall provide a written answer to the grievant and a designated Union Official within seven (7) calendar days following the meeting or, if no meeting is held, within seven (7) calendar days after receipt of the appeal. Section 9.3 Arbitration If the grievance is not settled in Step 4 and the Union wishes to appeal the grievance from Step 4 of the grievance procedure, the Union may refer the grievance to arbitration, as described below, within twenty-one (21) calendar days of the receipt of the City's written answer as provided to the Union at Step 4 or within twenty-one (21) calendar days of when the City's answer in Step 4 was due: (a) The parties shall attempt to agree upon an arbitrator within seven (7) calendar days after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said seven (7) day period, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. Each party retains the right to reject one (1) panel in its entirety and request that a new panel be submitted. Both the City and the Union shall have the right to alternately strike being determined by the flip of a coin. The person remaining shall be the arbitrator. (b) The arbitrator shall be notified jointly by the parties of their selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives. (c) The City and the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel. (d) The arbitrator shall submit the arbitrator's decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. 16 Draft 02=05=16 (e) More than one (1) grievance may be submitted to the same arbitrator only if both parties mutually agree to do so in writing. The fees and expenses of the arbitrator and the cost of a court reporter and a written transcript, if any, shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Section 9.4: Limitations on Authority of Arbitrator The arbitrator shall have no right to amend, modify, and nullify, ignore, add to, or subtract from the provisions of this Labor Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Labor Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at Step 2. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any may, applicable laws or court decisions, or rules and regulations of administrative bodies that have the force and effect of law. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award of the arbitrator rendered within the limitations of this Section 9.4 shall be final and binding upon the City, Union and the employees covered by this Labor Agreement. Section 9.5: Time Limit for Filing No grievance shall be entertained or processed unless it is submitted at Step 1 within seven (7) calendar days after the occurrence of the event first giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the first event giving rise to the grievance. If a grievance is not presented by the employee within the time limits set forth above, it shall be considered "waived" and cannot be pursued further. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the City's last written answer. If the City does not hold a meeting or answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee may elect to treat the grievance as denied at that step and immediately appeal the grievance as denied at that step and immediately appeal the grievance to the next step. The parties may by mutual agreement in writing extend any of the time limits set forth in this Article. Section 9.6: Union Grievances If a grievance alleges a violation, misinterpretation, or misapplication of the specific terms of this Labor Agreement that relate directly to Union rights (e.g., dues check -off, labor-management meetings, bulletin boards) or, if a grievance arises out of the same facts and alleges the same violation, misinterpretation, or misapplication of the specific terms of this Labor Agreement as to a class of two (2) of more employees, the Union, acting through a designated Union official, shall have the right to submit a grievance at the Second Step of the grievance procedure. If the Division Commander and the designated Union Official agree that the grievance cannot properly be resolved by the Divisional Commander, the grievance shall be immediately advanced to the Third Step of the grievance procedure. 17 Draft 02-05-16 Any such grievance must be submitted within seven (7) calendar days after the first event giving rise to the grievance or within seven (7) calendar days after the Union, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the first event giving rise to the grievance. Section 9.7: Miscellaneous No member of any bargaining unit shall have any authority to respond to a grievance being processed in accordance with the grievance procedure set forth in this Article. Moreover, no action, statement, agreement, settlement, or representation made by any member of any bargaining unit or other City employee represented by any Union shall impose any obligation or duty or be considered to be authorized by or binding upon the City has agreed thereto in writing. ARTICLE 10 NO STRIKE -NO LOCKOUT Section 10.1: No Strike Commitment The Labor Organization and the members of the bargaining unit covered by this Labor Agreement recognize and agree that the rendering of police services to the City and cooperation and support to surrounding police jurisdictions, cannot, under any circumstances or conditions be withheld, interrupted, or discontinued, and that to do so will endanger the health, safety, and inhabitants thereof. Section 10.2: Strikes Prohibited Neither the Union nor any of its officers or agents, nor any employees covered by this Labor Agreement will, for any reason, instigate, promote, sponsor, aid, condone or engage in any strike, sympathy strike, or any other intentional interruption or disruption of the operations of the City, and no employee covered by this Labor Agreement shall refuse, while on duty, to cross any picket line, wherever established. Section 10.3: Job Actions Prohibited Neither the Union nor any of its officers or agents, nor any employees covered by this Labor Agreement will, for any reason, instigate, promote, sponsor, aid, condone or engage in any boycott, secondary boycott, residential hand billing, work slowdown, speed-up, sit-down, concerted application of unauthorized or abnormal or unapproved enforcement procedures or policies, concerted disobedience of lawful orders of a superior, concerted stoppage of work, concerted refusal to perform overtime, deliberate absenteeism, picketing of any kind or any other intentional interruption or disruption of the operations of the City. Section 10.4: Violations of This Article Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City, and the only issue that may be used in any proceeding in which such discipline or discharge is challenged is whether or not the employee actually engaged in such prohibited conduct. Such discipline may include any, some or all of the employees involved. The failure to confer a penalty in any instance is not a waiver of such right in any instance nor is it a precedent. Any disciplinary action taken by the City for employee activities prohibited by this Section shall not be considered a violation of this Labor Agreement and shall not be subject to the grievance and arbitration procedures of this Labor Agreement. LE? Draft 02-05=16 Section 10.5: Illinois Fraternal Order of Police, Labor Council Notification of Employees The Illinois Fraternal Order of Police, Labor Council agrees to notify all Union Officials mid agents of their obligations and responsibility for maintaining compliance with this Section, including their responsibility to abide by the provisions of this Section by remaining at work (that is, those who are employees of the City) during any interruption as outlined above. In addition, in the event of a violation of this Section of this Article, the Illinois Fraternal Order of Police, Labor Council agrees to inform its members of their obligations under this Labor Agreement and to encourage and direct them to return to work by all means available under its Constitution, By -Laws, or otherwise. Section 10.6: No Lockout The City will not lock out any employees during the term of this Labor Agreement as a result of an actual or anticipated labor dispute with the Union so long as there is good faith compliance by the Illinois Fraternal Order of Police, Labor Council with this Article. Section 10.7: Judicial Relief Nothing contained herein shall preclude the Employer from obtaining a temporary restraini Nng order, damages and other judicial relief as determined appropriate by the Court in the event the Illinois Fraternal Order of Police, Labor Council or any employees covered by this Labor Agreement violate this Article. ARTICLE 11 HOLIDAYS AND PERSONAL BUSINESS LEAVE Section 11.1: Holidays The following are recognized as holidays for eligible employees: New Year's Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Friday after Thanksgiving Veteran's Day Christmas Eve (one-half 1/2 day) Christmas Day The City agrees to allow bargaining unit employees to use accrued holiday pay as paid time off in lieu of cash payment as provided in Section 11.2 herein. Holiday pay shall accrue to an employee's credit on the actual holiday itself. Employees may use accrued holiday pay as paid time off by requesting same in writing subject to the approval of the Chief of Police or Chiefs designee, such approval not to be unreasonably withheld. Section 11.2: Eligibility Requirements Employees shall work all holidays when scheduled as part of their normal Departmental work schedule. To be eligible to receive holiday pay or "paid time off' in recognition of a holiday, an employee must work the full scheduled day before and after the holiday, when scheduled as part of their normal department work schedule. The Chief shall permit an employee who was ill to verify the officer's illness so as to qualify for holiday pay by submitting to the Chief of Police or Chiefs designee a medical certification verifying the employee's illness. A medical certification is acceptable as provided by a physician or physician's assistant or nurse practitioner. 19 Draft 02-05-16 Section 11.3: Holiday Pay Employees who satisfy the eligibility requirements of Section 11.2 shall receive either "holiday time off' or "holiday pay" equivalent to the holidays for which the officer becomes eligible. Employees wishing to take holiday time off in lieu of the holiday pay may request the holiday time off as if it were personal business leave with the exception that such time must be requested in increments of no less than one half (1/2) of a regularly scheduled shift or four (4) hours, whichever is less. In no event may an employee take holiday time off without having first become eligible for the holiday. Holiday time must be used or paid prior to the end of the calendar year in which it is earned. December holidays shall not be eligible to be taken as holiday time off. Employees choosing to receive holiday pay and those employees who have failed to take accrued holiday time off by November 30th shall be paid in a lump sum on the first full pay period during the month of December, at a rate equivalent to a regular day's pay (at the employees straight time rate) for each of the nine and one half (9.5) holidays in the calendar year for which the employee satisfied the eligibility requirements and which the employee has not taken in the form of paid leave as set forth in section 11.1 herein. Payment of holiday pay shall include prospective pay for any holidays in December of said calendar year. In the event an officer becomes ineligible for a paid December holiday after the officer has been compensated for it, the City may deduct from the officer's paycheck an amount equivalent to the pay provided for the holiday. Thanksgiving Day, Christmas Day, Independence Day and Labor Day shall be considered priority holidays and any employee who works on a priority holiday will receive one and one- half (1 1/z) times their regular pay for all hours worked. When priority holidays fall on a Monday —Friday, Investigations Unit will be closed. Members of the Investigations Unit with the title of Detective will be given those days off with pay at their A egular rate of pay. As a result, the members of the Investigations Unit are not eligible for priority holiday pay. Section 11.4: Personal Business Leave With prior approval of the Police Chief, employees may request to use up to thirty-two (32) hours, four (4) days per calendar year to attend to personal business. Newly hired regular full- time employees will receive the following number of personal business leave days in their first calendar year. Hiring Date Prior to April 1 Personal Business Leave Days Personal business leave may be used in increments no smaller than one-half (1/2) of a regularly scheduled shift or four (4) hours, whichever is less. In no event shall personal leave be converted to cash compensation or carried over into subsequent years. Personal business leave requests shall be made no later than twenty-four (24) hours in advance of the desired time off. The Chief may approve or deny such requests; such approval shall not be unreasonably denied. 20 Draft 02-05=16 Under no circumstances will such requests be approved if, at the time of the request, the absence, in the Chief s judgment, would cause another employee to be held over or called back to work. ARTICLE 12 VACATIONS Section 12.1: Eligibility and Allowances Every employee shall be eligible to take paid vacation time after the completion of one (1) year of continuous full time employment with the City in a position covered by this Labor Agreement. Employees shall start to earn vacation allowance as of their date of hire. Vacation allowances shall be earned monthly, based on the following schedule: Len h of completed continuous service After One (1) year of service Six (6) —Twelve (12) Years Thirteen (13) —Nineteen (19) Years Twenty (20) Years Number of work damper calendar year Ten (10) working days Fifteen (15) working days Twenty (20) working days Twenty-five (25) working days Employees shall earn vacation allowances for any month in which they receive compensation for more than one hundred twenty (120) "hours of work". Up to six (6) days may be carried over to the following year, but must be used in the next twelve (12) months. For purposes of this Section only, actual work time plus paid vacations and personal days and compensatory hours shall be considered "hours of work"; no other paid or unpaid absence from duty shall be counted as "hours of work". Vacation time may be used in increments of no less than one half (1/2) of a regularly scheduled shift or four (4) hours, whichever is less. SectionVacation Pay The rate of vacation pay shall be the employee's regular straight time rate of pay in effect for the employee's regular job assignment. Section 12.3: Scheduling and Accrual Bargaining unit employees shall be allowed to exercise their seniority for selection of vacation time on an annual basis. Following the seniority shift bidding procedure as set forth in Section 6.10 herein, the Employer shall conduct vacation bids between November 1st and November 30th of each year for vacation days to be used during the subsequent calendar year. Step 1 On or before November 1, the Police Chief or Chiefs designee shall post a schedule of days available for vacation use during the upcoming calendar year. The days available for use shall not include the week of "Fiesta Days", and such other days as designated by the Chief of Police in his discretion, such discretion not to be unreasonably applied. The bargaining unit employees with three (3) or more years of seniority as of October 1st shall then select their vacation preferences in the order of their seniority within their assignment of patrol division, detective division, and special programs, on their respective shift, with the most senior employee on the shift having first choice, the next most senior employee on the shift having second choice, 11 Draft 02=05-16 and so on. A bargaining unit employee who does not select vacation time within three (3) working days may choose vacation time at anytime thereafter, subject to availability. Bargaining unit employees may make an initial first choice vacation selection of no more than two (2) calendar weeks (to be taken in amounts of no less than one (1) week), consecutively or separately, if eligible, during the initial sign up. For this section only, "Calendar week" means anywhere from one (1) day to six (6) days. After the initial vacation bidding has occurred, the Employer shall create a unit wide vacation schedule indicating all vacations scheduled in the initial bid for all shifts. Step 2 After bargaining unit members with three (3) or more years of seniority have chosen their initial vacations, bargaining unit members with less than three (3) years of seniority shall then select their vacation preferences in the order of their seniority from the unit wide vacation schedule, with the most senior of said employees having first choice, the next most senior employee having second choice, and so on. Bargaining unit members with less than three (3) years of seniority must choose their vacations from the eligible days remaining on the shift corresponding to their assigned shift starting time in accordance with their quarterly rotations; (i.e. bargaining unit members bidding for vacation time during their rotation on midnight's must choose from the days available on the midnight shift). Step 3 After bargaining unit members with less than three (3) years of seniority have chosen their vacations, bargaining unit members with three (3) or more years of seniority may choose to select their remaining vacations from the vacation schedule for their designated shift, again in order of descending seniority. Upon the close of the initial bidding process, notification will be made to bargaining unit members that the bidding process is over. Six (6) days from said time, open vacation time request submission may begin. Any remaining vacation time not selected via the foregoing procedure shall be requested for use in writing by the bargaining unit member affected and shall be subject to approval by the Chief of Police or Chiefs designee on a first -come, first -served basis. In the event of two (2) or more requests for remaining vacation use are received on the same day, seniority shall prevail in awarding vacation requests. However, in the event a second request is submitted for the same vacation slot, the Chief of Police will evaluate such a request on a "case by case" basis to determine whether or not scheduling requirements will allow two (2) persons in the same division/program to be on vacation leave simultaneously. Only one (1) bargaining unit member for the patrol division, detective division, and special programs, shall be permitted to schedule vacation for any given week during the initial bid. The vacation periods selected pursuant to this procedure shall be submitted to the Police Chief or Chiefs designee for approval no later than November 30 each year. Thereafter, the Police Chief or Chief s designee shall review the requests and post a vacation schedule on or before December 25. After the vacation schedule has been posted, employees can trade, schedule or reschedule vacation days only with the approval of the Police Chief or Chief s designee. 22 Draft 02=05-16 Vacation allowances are earned on a calendar year basis with the following exceptions. First, new hires will not receive vacation time until the anniversary of their first year of employment upon which they will receive ten (10) shifts of vacation time (subject to the requirements of Section 12.1) which must be used prior to the end of the calendar year (or except as provided in Section 12.1). Beginning the following January 1 and every January 1 thereafter, such employees will receive the vacation time they accrued during the prior calendar year for use in the calendar year in which they are given. Second, on an employee's anniversary date of employment in a year (after the officer's first) in which the officer becomes eligible to earn additional vacation time (the employee's sixth, thirteenth and twentieth anniversaries), the employee will receive the additional time on the officer's anniversary for use during the remainder of the calendar year. On the following January 1, the employee will receive the vacation time the officer accrued during the prior calendar year based upon the new rate of vacation accrual. Vacations to be scheduled and taken during a given calendar year are vacation allowances earned during the previous calendar year or provided the employee on the officer's anniversary date of employment for use during the remainder of the calendar year. All vacation days must be taken by the end of the calendar year in which they are to be scheduled, unless the Police Chief authorizes in writing such days to be carried over to the following calendar year or to be bought back, or some combination of the two, as the Chief in the Chief s discretion determines, such discretion not to be unreasonably withheld. The Chief of Police or Chief s designee reserves the right to cancel any or all approved vacation leaves in advance or their being taken and/or to recall any employees from vacations in progress. Such cancellations and revocations shall not be unreasonable. ARTICLE 13 SICK LEAVE Section 13.1: Purpose and Allowance Sick leave with pay is provided as a benefit in recognition that employees do contract various illnesses from time -to -time and that their financial resources may be diminished in such instances if pay is discontinued, and that it may not be in the best interest or health of the employee or fellow employees to work while sick. Any employee contracting or incurring any non -service connected sickness or disability (except where the injury or illness is incurred while the employee is performing compensated service outside of the officer's employment with the City where compensation for such injury or illness is provided by the outside employer, i.e., workers' compensation, sick leave, etc.) shall receive sick leave with pay as set forth in this Article. Section 13.2: Days Earned in Accumulation Employees shall be allowed one (1) day of sick leave for each month of service (which equals a total accumulation of twelve (12) workdays per year). Sick leave shall be earned by an employee For any month in which the employee is compensated for more than eighty (80) "hours of work." For purposes of this Section only, accrued benefit days other than sick leave shall be considered "hours of work"; no other paid or unpaid absence from duty shall be counted as "hours of work." Sick leave cannot be taken before it is actually earned. 23 Draft 02-05=16 Section 13.3: Notification Notification of absence due to sickness shall be given to an individual designated by the Police Chief (normally the Shift Supervisor on duty) as soon as possible on the first day of such absence and every day thereafter (unless this requirement is waived by the Chief in writing), but no later than one (1) hour before the start of the employee's work shift. Failure to properly report an illness without good cause may be considered as absence without pay and may subject the employee to discipline. Section 13.4: Medical Examination The City may, at its discretion, require an employee to submit a physician's verification of illness, and such verification normally will be required for sick leave of three (3) consecutive duty shifts or more. The City also may require a physician's verification that the employee is well enough to return to work. A medical certification is acceptable as provided by a physician, or physician's assistant or nurse practitioner. Falsification of any verification of illness shall be grounds to subject the employee to disciplinary action, which may include reimbursement by the employee to the City for sick leave benefits wrongfully obtained. The City, at its option, may require an employee to submit to an examination by a physician or other medical professional chosen by the City; if the City requires an employee to submit to an examination by a physician designated by the City, the City will pay the medical expenses to the extent they are not covered by insurance (i.e., the employee shall not be responsible for such costs). Section 13.5: Sick Leave Utilization Sick leave shall be used in no less than one (1) hour increments. Sick leave may be utilized only for the purposes specified in Section 13.1, or as needed as a result of the illness of a spouse or minor children, to seek medical attention for an existing medical condition, or for a non -elective medical procedure. There shall be no maximum accumulation or cap on sick days for use in accordance with Section 13.1. To the extent permitted by law, employees on sick leave are required to remain at home unless hospitalized, visiting their doctor, or acting pursuant to reasonable instructions for care. The General Order 22.10 Attendance Requirement date 03-05- 09 will be applicable to this Section. Section 13.6: Unused Sick Leave (a) An employee who has used less than three (3) sick days during any calendar year may elect to receive a sick leave cash payment for difference between three (3) days and the number of sick leave days actually used (three (3) days maximum). The number of days for which such employee elects cash compensation shall be deducted from such employee's accumulated sick leave. Employees who elect to receive such payment for any calendar year must notify the Chief thereof by January 31 of the following year, with such payment to be made by February 28 of such following year. (b) An employee (i) who has been placed on permanent disability pension, or (ii) who has at least twelve (12) years of service on the Department as a full time employee, or (iii) has at least twelve (12) years of service on the Department as a full time employee, is eligible to retire, and who dies (in which case it will be the officer's estate which collects), is eligible to retire and who elects to retire, shall be paid for unused sick leave days at the rate of fifty percent (50%) of the officer's regular rate of pay in effect on the 1st day of May immediately preceding the officer's Draft 02=05=16 last day of active work for the City for all accrued and unused sick leave time as of the officer's last day of active work for the City, up to a maximum of one -thousand 1000 hours, provided the employee has accumulated at least four -hundred (400) hours of unused sick leave. In other words, the employee retiring with at least four -hundred (400) hours of sick leave will be paid fifty percent (50%) for all sick leave hours up to one -thousand (1000) for a maximum of five - hundred (500) hours of pay. In no event shall any employee be entitled to the benefits set forth in Section 13.6(b) if the employee is discharged. ARTICLE 14 ADDITIONAL LEAVES OF ABSENCE Section 14.1: Unpaid Discretionary Leaves The City may grant leaves of absence, without pay or salary, to employees for job -related reasons (such as further training or study), which will enable employees to perform their usual and customary duties with greater efficiency and expertise, or other valid reasons (such as prolonged illness of the employee, the officer's spouse, or the officer's child or children or childbirth). No leave, if granted, shall be for a period exceeding three hundred sixty-five (365) consecutive calendar days. The denial of discretionary leaves shall not be subject to the dispute resolution and grievance procedure of this Labor Agreement. Section 14.2: Military Leave Military leave shall be granted in accordance with applicable law. Employees must apply for such leave as soon as they are aware of the need for such leave. Long -Term Military Duty An employee who enters active military service of the United States shall have re-employment rights as may be provided for under applicable federal law in effect at that time. Military Reserve Duty An employee who is an active member of any recognized state or federal military reserve organization and who is compelled to fulfill a military obligation by law or regulation, shall be entitled to an unpaid leave of absence for the duration of such required military duty, without loss of seniority. Section 14.3: Bereavement Leave In the event of the death of an immediate family member, an employee may be permitted to be absent from the officer's job for an appropriate number of days up to three (3) workdays off, following the death, with the City's approval and receive regular straight -time pay. Although the days are not consecutive, they must be used within a reasonable time frame of the family member's death and are subject to approval by the Chief of Police For purposes of this Section, immediate family shall include only the following persons related by blood, marriage or law to the employee: parents, spouse, children, siblings, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, spouse's child, spouse's grandparent, grandparents and grandchildren, step-parent and step -children. In the event of the death of an extended family member, an employee may be permitted to be absent from the officer's job for one (1) workday with the City's approval and receive regular straight -time pay. For purposes of this Section, "extended family" shall include aunts, uncles and cousins. Any absence to attend the funeral of anyone who is not a member of an employee's immediate or extended family may be arranged with the City, without pay. 25 Draft UmNwU However, previously accrued and unused vacation leave or personal time may be utilized in such case with the consent of the City. An employee shall provide satisfactory evidence of the death and of the employee's attendance at the funeral is so requested by the City. At the City's discretion, an employee may be permitted to use accrued sick leave up to a maximum of five (5) additional days in connection with bereavement leave days to extend bereavement leave. Section 14.40 Jury Leave An employee required to report for jury duty (including service on a grand jury) shall be excused from work without loss of pay for jury duty which occurs on the employee's scheduled duty days and during the employee's scheduled duty hours. An employee shall immediately notify the Police Chief or the Chiefs designee as soon as the officer receives a notice to appear as a juror, and must provide the Police Chief or Chiefs designee with a copy of the jury summons prior to reporting for jury duty. In order for employees to receive compensation from the City for such jury duty, the employee must sign over to the City any compensation the officer receives for serving as a juror on days for which the Officer was scheduled to be on duty. Section 14.5: Family and Medical Leave Act ("FMLA") Leave A leave of absence for reasons covered by the FMLA shall be granted in accordance with the City's published Family and Medical Leave Act policy attached hereto as Appendix F. Section 14.6: Application for Leave Unless otherwise required by law, any request for a leave of absence other than bereavement leave under this Article shall be submitted in writing by the employee to the City or its designee as far in advance as practicable. The request shall state the reason for the leave of absence and the approximate length of time off the employee desires. Authorization for a leave of absence, if granted, will be furnished to the employee by the City and it shall be in writing. Section 14.7: Benefits While on Unpaid Discretionary Leave (a) Unless otherwise required by law, length of service and other benefits shall not accrue for an employee who is on approved non -pay, discretionary leave status under this Article. Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. Upon return from leave, the City shall place the employee in the officer's previous assignment, if vacant. If not vacant, an employee returning from leave will be placed in the first available assignment according to the employee's seniority, where skill and ability to perform the work without additional training is equal. (b) If, upon the expiration of a leave of absence, there is no work available for the employee, the officer shall go directly on layoff. (c) During an approved unpaid leave of absence or layoff under this Labor Agreement, an employee shall be entitled to coverage under applicable group medical and life insurance plans to the extent provided in such plan(s), provided the employee makes arrangements for the change and arrangements to pay the entire insurance premium involved, including the amount of the premium previously paid by the City. 26 Draft 02-05=16 Section 14.8: Non -Employment Elsewhere A leave of absence will not be granted to enable an employee to try for or accept employment elsewhere or for self-employment without prior written approval of the Chief. Employees who engage in employment elsewhere during such leave without such prior written approval may immediately be terminated by the City. ARTICLE 15 WAGES Section 15.1: Sase Wages Employees covered by the Labor Agreement shall be compensated beginning with the first payroll period after the execution of this Labor Agreement in accordance with the wage schedule attached hereto and incorporated herein as Appendix A. Section 15.2 Experience Credits In the event a probationary officer is hired that has current law enforcement experience, that employee may be started at a higher step in the agreed upon wage scale at the discretion of the Chief of Police. The employee may be placed at a higher step in the wage scale for each year of experience of prior experience, up to a maximum of three (3) years. In no event will an employee that is hired with more than three (3) years of service be placed higher than what an officer is paid after three (3) years of service. The officer hired with prior experience must have been working as a full time law enforcement officer and have completed the required basic training as recognized by the Illinois Law Enforcement Training and Standards Board. This provision will have no effect on the new hire with regard to seniority and related to shift bidding, vacation, etc. Section 15.3: Tuition Reimbursement. The City shall continue to make available to employees the same opportunity to have their tuition reimbursed as it offers all City employees at the time of the execution of this Labor Agreement, except that tuition reimbursement shall be limited to three -thousand dollars ($3,000) per fiscal year. Section 15.4: Deferred Compensation Plan (457K) The City shall continue to make available to employees the same 457K Deferred Compensation Plan provided all City employees. The City reserves the right to change, alter, amend, or eliminate the plan, as it deems appropriate. Section 15.5: Investigator Stipend In recognition of their skills and the special obligations place upon them, employees assigned as full-time investigators in the investigations unit shall be paid an annual stipend of seven hundred fifty dollars ($750), payable semi-annually on May 1 and November 1 of each year. Investigator stipends shall be prorated based upon an officer's date of assignment. Section 15.6: Travel Training Reimbursement To compensate covered members for attending training classes outside of McHenry, Lake or Boone Counties, excluding firearms training, covered members shall receive one (1) hour of travel time per day at the employee's regular rate of pay not to exceed ten (10) hours in any I iscal year. 27 Draft 02=05-16 ARTICLE 16 UNIFORM ALLOWANCE Section 16.1 Initial Uniform The City shall furnish initial uniforms and equipment to all probationary patrol officers at the City's expense. Initial uniforms shall consist of items listed in Appendix B and all other uniform equipment normally required or provided by the City or subsequent changes required by the Chief of Police. Section 16.2 Uniform Allowances iform items with the uniform allowance, not to exceed six Employees may purchase approved un hundred dollars ($600) per fiscal year. Employees may be reimbursed for cleaning expenses from receipts submitted to the employer; such reimbursements shall be deducted from the uniform allowance of the employee. The uniform replacement allowance shall apply to civilian clothes worn by plain -clothes officers for departmental approved clothing, shoes, and related plain -clothes equipment. Reimbursement for cleaning expenses shall be deducted from the clothing allowance of the employee. Section 16.3: Safety Vest Replacement The City shall continue to replace bulletproof safety vests worn by police employees at such durations as are recommended by the manufacturer. Officers may be required to wear their body armor while on duty. Section 16.4: Return of Uniforms and Equipment Upon separation from employment by the City, employees will be responsible for the return of uniforms and equipment purchased with City funds or issued directly by the City in good condition, less normal depreciation and destruction in the course of employment. Section 16.5: Reimbursement of Uniform Cleaning Expenses The City agrees to reimburse bargaining unit members for the reasonable cost of professional cleaning of uniforms required by the City to be worn by members of the bargaining unit in the performance of their official duties. Employees shall submit receipts to the Chief of Police or Chief s designee, at quarterly increments, documenting the employee's payment of uniform cleaning charges, when requesting reimbursement. Amounts paid for reimbursement of uniform cleaning expenses shall not be limited other than by Section 16.2. In no instance shall an employee be entitled to more than six hundred dollars ($600) per fiscal year for the purchase and/or cleaning of required uniforms. If the City requires a change in uniform or equipment which results in a cost of one hundred dollars ($100) or greater to the employee, the City will credit the uniform account of the employee in the amount of the required purchase. The cost of all items associated with the City's change of duty weapon will be the responsibility of the City. ARTICLE 17 INSURANCE Section 17.1: Coverage and Cost The City shall make available to non -retired bargaining unit employees and their eligible dependents the same group health and hospitalization insurance, dental insurance, and vision insurance coverage and benefits to that in existence for other City employees prior to the signing A this Labor Agreement. Draft 02=05=16 The City reserves the right to change or offer alternative insurance carriers, health maintenance organizations, or benefit levels or to self -insure, so long as the new, alternative or remaining coverage's and benefit levels are substantially similar to those which they are replacing. In order to control future health and hospitalization insurance cost increases, the City may also alter employee deductibles and/or co -pay requirements provided such changes shall likewise be applicable to all City employees. Employees may continue to elect to participate in the City's Health Care Benefits Salary Reduction plan, in which they may pay their share of insurance premiums and other out-of-pocket costs with pre-tax dollars. Section 17.2: Cost Containment The City reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remains substantially the same. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, pre -admission and continuing admission review, prohibition on weekend admissions except in emergency situations, and mandatory outpatient elective surgery for certain designated surgical procedures. Section 17.3: Life Insurance The current City coverage of thirty thousand dollars ($30,000) for life insurance for each employee covered by this Labor Agreement in effect at the time of the signing of this Labor Agreement shall continue for the life of this Labor Agreement, at no cost to the employee. Section 17.4: Terms of Insurance Policies to Govern The extent of coverage under the insurance policies (including HMO and self -insured plans) referred to in this Labor Agreement shall be governed by the terms and conditions set forth in said policies or plans. Any questions or disputes concerning an employee's claim for benefits under said insurance policies or plans shall be resolved in accordance with the terms and conditions set forth in said policies or plans and shall not be subject to the grievance and arbitration procedure set forth in this Labor Agreement. The failure of any outside insurance carrier(s) or plan administrator (s) to provide any benefit for which it has contracted or is obligated shall result in no liability to the City, nor shall such failure be considered a breach by the City of any obligation undertaken under this or any other Labor Agreement. However, nothing in this Labor Agreement shall be construed to relieve any insurance carrier(s) or plan administrator(s) from any liability it may have to the City, employee or beneficiary of any employee. Section 17.5: Waiver of Insurance Any employee shall have the option to waive the right to receive medical, dental and/or vision insurance coverage under the terms of this Section. If an employee waives any such insurance coverage but thereafter chooses to reverse the officer's decision, the reinstatement of each such insurance shall be contingent upon the employee's insurability and shall also be subject to such conditions, limitations and restrictions as the City's insurers may prescribe as a consequence of the employee's prior waiver and non -coverage. 29 Draft 02=05=16 Section 17.6: Employee Deductible and Co -Insurance Costs Medical Insurance: The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed below for the term of this Labor Agreement: 2016 Medical Insurance Health Plan Year (Ol-01-2016-12-31-2016) The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed below for the term of this Labor Agreement: Single Sin lg e+Spouse Single+Child(ren) Famiiy ?PO Plan 8.00% 10.00% 9.00% 12.00% $65.52 $168.02 $144.49 $296800 IRA Plan 8.00% 10.00% 9.00% 12.00% $63.77 $169.55 $147.14 $277923 HMO Plan 2.50% 6.50% 6.50% 10.00% $17.27 $92.18 $88.07 $208919 2017 Medical Insurance Health Plan Year (O1-01-2017-12-31-2017) The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed below for the term of this Labor Agreement: Single Sin lg e+Spouse PPO Plan 8.00% 10.00% $73.14 $188.84 HRA Plan 8.00% 10.00% $67.33 $173.83 HMO Plan 2.50% 6.50% $19.30 $103.65 Single+Child(ren� Family 9.00% 12.00% $160942 $330.78 9.00% 12.00% $147.67 $304.49 6.50% 10.00% $97.83 $232.76 Draft 02-05-16 2018 Medical Insurance Health Plan Year (Ol-01-2018-12-31-2018) The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed below for the term of this Labor Agreement: Single Sin lg e±Spouse PPO Plan 8.00% 10.00% $79.73 $205M HRA Plan 8.00% 10.00% $73.39 $189.47 HMO Plan 2.50% 6.50% $21.04 $112*97 Single+Child(ren, Fam 9.00% 12.00% $174.85 $360e55 9.00% 12.00% $160*96 $331*89 6.50% 10.00% $106*64 $25171 2019 Medical Insurance Health Plan Year (O1-01-2019-04-30-2019) The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed below for the term of this Labor Agreement: Single Sin 1ge+Spouse ?PO Plan 8.00% 10.00% $86.90 $224*36 HRA Plan 8.00% 10.00% $79.99 $206M HMO Plan 2.50% 6.50% $22.93 $123.14 Single+Children) Famiiy 9.00% 12.00% $190.59 $393*00 9.00% 12.00% $175*44 $361*76 6.50% 10.00% $116.23 $276.54 2016-2019 Dental Insurance Plan Years (01-01-2016---04-30-2019) The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed for the term of this Labor Agreement: Single Single+Spouse Single+Child(ren) Family 7.00% 30.00% 30.00% 35.00% $2.68 $23.94 $25.87 $47.81 31 Draft 02=05=16 2016-2019 Vision Plan Years (Ol-01-2016---04-30-2019) The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed below for the term of Labor Agreement: Single Sin lg e+Spouse Single+Child(ren) Family 10.00% 50.00% 60.00% 90.00% $0.70 $5.30 $6.48 $15.69 Employee Deductible and Co -Pay Costs During the term of this Labor Agreement, the City agrees that any such deductible and co -pay shall be the same as those costs applicable to the general, non -contract employees, but may be less per the labor negotiations. ARTICLE 18 EMPLOYEE ALCOHOL AND DRUG TESTING Section 18.1: Statement of Policy It is the policy of the City of McHenry that the public has the absolute right to expect persons employed by the City in its Police Department will be free from the effects of drugs and alcohol. The City, as the Employer, has the right to expect its employees to report for work fit and able for duty. The purposes of this policy shall be achieved in such a manner as not to violate any established rights of the employees of the Police Department. Section 18.2: Prohibitions Except as ordered to do so in the line of duty, employees shall be prohibit from: (a) Consuming, possessing or being under the influence of alcohol at any time (during the course A the work day or anywhere on any City premises, including City buildings, properties, or City owned vehicles; (b) Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any place or abusing any prescription drug, (c) Failing to report to the employee's supervisor any known adverse side effects of medication or prescription drugs which the employee maybe taking. Section 18.3: Drug and Alcohol Testing Permitted The City shall have the right to require an employee to submit immediately at alcohol or drug testing on a specified situation basis (as outlined below) or if the City has reasonable suspicion to believe that (a) an employee is being affected by the use of alcohol; or (b) has abused prescription drugs; or (c) has used illegal drugs. The foregoing shall not limit the right of the City to conduct any tests it may deem appropriate for persons seeking employment prior to their date of hire. Specified situation testing may occur in the following circumstances: (a) If an employee is involved in a motor vehicle accident or otherwise damages City or personal property while in the performance of the officer's duty; (b) If an employee is injured or injures another while in the performance of the officer's duty; 11 Draft 02-05-16 (c) If an employee is to be promoted to a higher paying position or recalled from layoff; or (d) If an employee has experienced excessive absenteeism or tardiness under circumstances giving rise to a suspicion of off -duty drug or alcohol abuse. Section 18.4: Order to Submit to Testing At the time an employee is directed to submit to testing authorized by this Labor Agreement, the City shall provide the employee with a written notice, setting forth the objective facts and reasonable inferences drawn from those facts which have formed the basis of the City's decision to test. The employee shall be given a reasonable opportunity to consult with a Union representative at the time the notice is given. Refusal to submit to such test may subject the employee to discipline, but the employee's taking of the test shall not be construed as a waiver of any objection or rights that the officer may possess. Section 18.5: Test to be Conducted In conducting the testing authorized by this Labor Agreement, the City shall: (a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute on Drug Abuse (NIDA). (b) Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee covered by this Labor Agreement shall be permitted at any time to become a part of such chain of custody. (c) Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the employee. (d) Collect samples in such a manner as to preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Any employee ordered to submit to testing shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. (e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent of better scientifically accurate and accepted method that provides quantitative data about the detected drug or metabolites. (f) Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's own choosing, at the employee's own expense; provided the employee notifies the City within seventy-two (72) hours of receiving the results of the test and provided further that the laboratory or clinic and the testing procedure, 33 Draft 02-05=16 including chain -of -custody for the transfer of such sample, meets or exceeds the standards established in this Labor Agreement and is confirmed by a neutral third party. (g) Require that the laboratory or hospital facility report to the City that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the City, inconsistent with the understandings expressed herein (e.g. billings for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. (h) Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .02 percent or more based upon the grams of alcohol per 100 millimeters of blood shall be considered positive. (i) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results. (j) Insure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief from duty with pay during the tendency of any testing procedure, any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result, and the employee shall be fully reinstated to unrestricted duty status. This Section shall not in any way limit the City's right to take such action as it deems appropriate if an employee is determined to have engaged in conduct prohibited by Section 18.2 of this Article or in conduct that is otherwise subject to discipline. Section 18.6: Disciplinary Action Use, sale, purchase, delivery or possession of illegal drugs at any time and at any place (on or off the job) while employed by the City (except when authorized in the line of duty); abuse of prescribed drugs, failure to report to the Chief any known adverse side effects of medication or prescription drugs which the employee may be taking; and consumption, possession or being under the influence of alcohol while on duty or on City premises (except when authorized in the line of duty), shall be cause for discipline, up to and including termination, subject to the Article 9 Grievance Procedure. In cases where, in the Chief or designees discretion, discipline less than discharge is determined to be appropriate, such discipline will be conditioned upon the employee: (a) agreeing to appropriate treatment as determined by the physicians) involved; (b) discontinuing use of illegal drugs or abuse of alcohol; (c) agreeing to authorize persons involved in counseling, diagnosing and treating the employee to disclose to, the City Administrator and/or the Police Chief the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion or non -completion of treatment, 34 Draft 02=05=16 (d) completing the course of treatment prescribed, including an "after -care" group for a period of up to twelve (12) months; (e) agreeing to submit to unlimited random testing during hours of work during the period of "after -care", and for a period of eighteen (18) months following the period of "after -care". Employees who do not agree to or act in accordance with the foregoing, or who test positive a second or subsequent time for the presence of illegal drugs or alcohol during the hours of work, shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the City to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such individual from performing the officer's duties or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at the officer's option, to use accumulated paid leave or take an unpaid leave of absence pending treatment. Section 18.7: Voluntary Request for Assistance The City shall take no adverse employment action against any employee who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem, other than that the City may require reassignment of the employee with pay if the officer is unfit for duty in the officer's current assignment. The foregoing is conditioned upon the employee: (a) agreeing to appropriate treatment as determined by the physicians) involved; (b) discontinuing use of illegal drugs or abuse of alcohol; (c) agreeing to authorize persons involved in counseling, diagnosing and treatment of the employee to disclose to City personnel the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion or non - completion of treatment; (d) completing the course of treatment prescribed, including an "after -care" group for a period of up to twelve (12) months; and (e) agreeing to submit to unlimited random testing during hours of work during the period of "after -care", and for a period of eighteen (18) months following the period of "after -care". Employees who do not agree to or act in accordance with the foregoing, or who test positive for the presence of illegal drugs or alcohol during the hours of work, shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the City to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such individual from performing the officer's duties or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at the officer's option, to use accumulated paid leave or take an unpaid leave of absence pending treatment. Draft 02=05=16 Upon successful completion of the treatment, the employee shall be returned to the officer's position. This Article also shall not in any way limit the City's rights to take such action as the City in its discretion deems appropriate if an employee engages in conduct prohibited by Section 18.2 of this Article, or in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol abuse. Section 18.8: Treatment The City's obligation to provide treatment under this Labor Agreement for alcohol and substance abuse shall be limited to services provided and paid for by the City's insurance plan in which the employee is enrolled. ARTICLE 19 EMPLOYEE AND OTHER STATUTORY RIGHTS Section 19.1: Bill of Rights The City agrees that at the request of an employee, a Union representative may be present at an investigatory interrogation, undertaken during the course of a formal investigation, which the employee reasonably believes might result in disciplinary action. However, nothing in this Section is intended to modify or expand the rights available to police officers pursuant to the Uniform Peace Officers' Disciplinary Act, 50 ILCS 725/1, et seq. Section 19.2: Personnel Files The City agrees to abide by the requirements of the Personnel Record Review Act, 820 ILCS 40. Section 19.3: Indemnification The City agrees to abide by all statutory requirements for indemnification of police officers. Section 19.4: Discipline As a matter of policy, the City recognizes the principles of progressive and corrective discipline, where applicable. Nothing, however, shall foreclose the City from seeking discipline commensurate with the offense. The City also acknowledges that non -probationary employees may only be disciplined for just cause. Section 19.5: Notice of Discipline Upon receiving the consent of an employee .who is formally disciplined, the City shall notify the Union in writing that said employee received discipline. Section 19.6: Access to Arbitration The parties agree that an alleged violation of Section 19.1, 19.2, or 19.3 above may not be taken to arbitration under the grievance procedure. ARTICLE 20 GENERAL PROVISIONS Section 20.1: Gender Unless the context in which they are used clearly requires otherwise, words used in this Labor Agreement denoting gender shall be deemed to refer to both the masculine and feminine. Draft 02-05=16 Section 20.2: Ratification and Amendment This Labor Agreement shall become effective when ratified by the Union and the City Council and signed by authorized representatives thereof and may be amended or modified during its term only with mutual written consent of both parties. Section 20.3: Fitness Examinations If there is any question concerning an employee's fitness for duty, or fitness to return to duty following a layoff of leave of absence, the City may require, at its expense (to the extent not covered by insurance), that the employee have an examination by a qualified and licensed physician or other appropriate medical professional selected by the City. The City may also require any or all employees to take a complete physical exam as often as once a year. Such physical examinations shall not include employee drug or alcohol testing. Prior to requiring an employee to release the results of an examination due to a question concerning the officer's fitness for duty, as opposed to a normal examination or one scheduled due to a return from a leave of absence of layoff, the Chief shall provide the employee with written notice of the reasons for the examination. Section 20.4: Physical Fitness Requirements In order to maintain and improve efficiency in the Police Department, to best protect the public and to reduce insurance costs and risk, the City may establish reasonable physical fitness requirements for employees, which may include individualized goals and minimum fitness standards. All employees may be required to participate in any such program. Employees who fail to meet minimum fitness standards or who fail to make a good faith effort to achieve individualized goals shall be subject to progressive discipline up to and including discharge. The City will meet with Illinois Fraternal Order of Police, Labor Council representatives in accordance with Article 4 to discuss reasonable physical fitness requirements prior to their implementation or alteration. Section 20.5: Secondary Employment All secondary employment shall comply with General Order 22.4 as it existed on Oct. 15 2002. Section 20.6: No Smoking All employees are strongly encouraged to quit smoking. Any employees who do not quit smoking may be required by the City of department policy to confine their smoking to a designated area(s). Section 20.7: Special Assignment Employees The City retains its right to participate in any governmental or inter -governmental agency operation or task force having an independent law enforcement authority or basis of jurisdiction. Without otherwise limiting an employee's legal rights, the parties agree that any contract disputes relating to an employee's hours, wages, or terms and conditions of employment that arise as a result of a decision rendered by the Narcotics Unit or other such inter -governmental agency shall not be subject to the grievance and arbitration procedure. Any contract disputes relating to hours, wages, or terms and conditions of employment that arise as a result of a decision rendered by the City of McHenry will remain subject to the grievance and arbitration provisions of Article 9. 37 Draft 02-05-16 Section 20.8: Rules and Regulations The City's existing policies, procedures, rules and regulations, as well as those of its Police Department, shall not be considered a part of this Labor Agreement. Such policies and procedures shall control unless in conflict with specific provisions of this Labor Agreement. The Union acknowledges the rights of the City to make, alter, interpret and enforce reasonable and lawful rules, orders and policies as it deems appropriate, consistent with the Management Rights Article of this Labor Agreement. Other than in an emergency situation, where the City seeks to add to, modify, alter, change, delete, or otherwise amend or supplement the existing policies, procedures, rules, regulations, orders or directives of the City or the Police Department, the City shall notify the Union in writing of the proposed change(s), at least ten (10) days prior to the effective date of the modification of said non -economic terms and conditions of employment, and shall provide a reasonable opportunity to the Union, before the proposed modifications are finalized, to meet and discuss with the City the proposed modification. Any meeting that occurs pursuant to this Section shall be in the form of a labor-management conference pursuant to Article 4 of this Labor Agreement. Section 20.9: Inoculations The City shall offer, at City expense, a Hepatitis B Virus (HBV) Inoculation Series to all employees. The City shall administer or provide a verification test of successful inoculation to any employee that receives the inoculation series, and any additional inoculations. As non - experimental inoculations become available (as approved by FDA) for additional strains of hepatitis, Human Immune Deficiency Virus (HIV) related conditions or Acquired Immune Deficiency Syndrome (AIDS) antibody positive conditions, such inoculations at City expense shall be provided to employees. Section 20.10: Communicable Diseases The City and the employee shall notify each other as soon as possible if the employee, in the course of the officer's duties, has come into contact with persons found to have a contagious disease. If it is determined that the employee has come into such contact, the City shall provide any medical examination and/or diagnostic test, if necessary, to protect the safety of the employee and/or members of the officer's immediate family with whom the officer resides. Costs for treatment shall be paid for by the City to the extent they are not otherwise covered by insurance. Section 20.11: Replacement of Personal Property In the event any item of personal property specified below is lost or damaged in the course of an employee's duties while the employee is exercising due care and caution under the circumstances, the City will reimburse the employee for the repair or replacement of such item(s), provided the incident and the amount of the loss or damage is promptly reported to the Police Chief or Chiefs designee. Further, the City's responsibility under this Section shall not exceed three hundred dollars ($300) per employee, per incident, and the City, in its discretion, may pay only for the functional equivalent of the personal property damaged, where the cost of the actual damaged property, although under three hundred dollars ($300), is deemed excessive by the Chief of Police. In the event that the loss or damage is determined not to be in the course of employment or is found to be due to the employee's negligence or as a result of ordinary wear, no reimbursement shall be made. Draft 02=05A 6 The following items shall be subject to replacement or repair under the provisions of this Section: eyeglasses, prescription sunglasses, contact lens, hearing aids and watches. The City reserves the right, upon application by an employee, to replace other personal property items at the City's sole discretion. The employee shall, when applicable, pursue court -ordered restitution and such restitution will be signed over to the City, up to the amount the City paid to the employee. Section 20.12: Location of Meetings All meetings for purposes of administering or negotiating this Labor Agreement shall be held in McHenry, Illinois unless mutually agreed upon otherwise. Section 20.14: No Solicitation While the City acknowledges that the Union may be conducting solicitation of City merchants, residents or citizens, the Union agrees that none of its officers, agents or members will solicit any person or entity for contributions or donations on behalf of the City of McHenry or the McHenry Police Department. The Union agrees that the City name, badge, insignia, communication systems, supplies and materials will not be used for solicitations purposes. Solicitation by bargaining unit employees may not be done on work time or in work areas. Neither the Lodge, nor the Illinois Fraternal Order of Police, Labor Council nor its agents or representatives may use the words "McHenry Police Department" of "City of McHenry" in its name. The Union further agrees that any written or oral solicitation of McHenry residents, citizens or merchants and businesses will include the words "This solicitation is not made on behalf of, nor do receipts go to the benefit of, the McHenry Police Department of the City of McHenry." The foregoing shall not be construed as a prohibition of lawful solicitation efforts by the Lodge or Illinois Fraternal Order of Police, Labor Council directed to the general public, nor shall it limit the City's right to make public comments concerning solicitation. The Union may continue to use its current stationary (displaying the City's badge) until its current supply of stationary is exhausted. ARTICLE 21 SAVINGS CLAUSE In the event any, Section or portion of this Labor Agreement should be held invalid and unenforceable by any board, agency or court of competent jurisdiction or by reason of any subsequently enacted legislation, such decision or legislation shall apply only to the specific Article, Section or portion thereof specifically specified in the board, agency or court decision or subsequent litigation, and the remaining parts or portions of this Labor Agreement shall remain in full force and effect. If there is any conflict between the provisions of this Labor Agreement and any legal obligations or affirmative action requirements imposed on the City by federal or state law, such legal obligations or affirmative action requirements thus imposed shall be controlling. ARTICLE 22 IMPASSE RESOLUTION Upon the expiration of this Labor Agreement, the remedies for the resolution of any bargaining impasse shall be in accordance with the Illinois Public Labor Relations Act, as amended, as it existed on January 1, 1986, with the following exception: The neutral interest arbitrator shall be selected in accordance with the selection procedure set forth in Section 9.3(a) of this Labor Draft 02=05A 6 Agreement, with the proviso that the entire panel of arbitrators requested has experience in interest arbitration. ARTICLE 23 ENTIRE AGREEMENT This Labor Agreement constitutes the complete and entire agreement between the parties, and concludes collective bargaining between the parties for its term. This Labor Agreement supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated in this Labor Agreement. The parties acknowledge that during the negotiations which resulted in this Labor Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law or ordinance from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Labor Agreement. The City and the Union, for the duration of this Labor Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter, whether or not referred to or covered in this Labor Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Labor Agreement. It is expressly agreed that the City may unilaterally exercise any management rights consistent with Article 3 even though the exercise of such rights may involve subjects or matters not referred to or covered in this Labor Agreement. The Union specifically waives any right it might have to impact or effects bargaining for the life of this Labor Agreement, ARTICLE 24 DURATION AND TERM OF AGREEMENT This Labor Agreement shall be effective upon its ratification and shall remain in full force and effect from May 1, 2016 through April 30, 2019. It shall automatically be renewed from year to year thereafter unless either party shall notify the other in writing at least sixty (60) days prior to the anniversary date that it desires to modify this Labor Agreement. In the event that such notice is given, negotiations shall begin no later than forty-five (45) days prior to the expiration date. Notwithstanding any provision of this Article or agreement to the contrary, this Labor Agreement shall remain in full force and effect after the expiration date and until a new Labor Agreement is reached unless either party gives at least ten (10) days' written notice to the other parry of its desire to terminate this Labor Agreement, provided such termination date shall not be before the anniversary date set forth in the preceding paragraph. Executed this day of 2016. For the City of McHenry: Susan E. Low Mayor Janice Dalton City Clerk Date Date For the Fraternal Order of Police, Labor Council: Eric Sexton Unit Steward Nicholas R. Clesen Unit Steward Date Date Draft 02=05-16 City Seal: Paul Prather Unit Steward Omar Morales Unit Steward Jack Zumwalt Unit Steward Date Date Date 41 Draft 02=05-16 APPENDIX A WAGE TABLE May 1, 2015 May 1, 2016 May 1, 2017 May 1, 2018 2.0% 2.5% 2.75% 2.75% Start $56,751.50 $58,170.29 $59,769.98 $61,413.65 After 1 Year $61,161.50 $62,690.53 $64,414.52 $66,185.92 After 2 Years $655571.49 $67,210.77 $69,059.07 $70,958.19 After 3 Years $69,981.48 $71,731.01 $73,703.62 $75,730.46 After 4 Years $74,391.46 $76,251.24 $78,348.15 $80,502.73 After 5 Years $78,801.47 $80,771.50 $82,992.72 $85,275.02 After 6 Years $83,211.47 $85,291.75 $87,637.28 $90,047.30 After 7 Years $87,621.45 $89,811.98 $92,281.81 $94,819.56 Wage adjustments will retroactively apply to all hours worked and paid since May 1, 2016. Retroactivity will also apply to the receipt of one and one-half (1 1/2) times the regular rate of pay for hours worked on priority holidays beginning May 1, 2015. Retroactivity shall not be applicable to any other benefit enhancement resulting from this agreement including but not limited to Court and Training Time (Section 6.5), Sick Leave Utilization (Section 13.5), and Travel Training Reimbursement (Section 15.6) for this Labor Agreement only. WO IN Ali, 000410 -- - Wililill —„ dilk 42 Draft 02-05-16 APPENDIX B REQUIRED INITIAL UNIFORM LIST DESCRIPTION QUANTITY Pull Over Sweater with Embroidery 1 6 pocket Navy Cargo Pants 4 Short Sleeve Shirt Navy 100 Dac/Poly 3 511 All Season Jacket 1 Long Sleeve Shirt Navy 100 Dac/Poly 3 Black Turtleneck with Embroidery 2 Outside Vest Carrier 1 8" Lug Sole Elimininator Boot 1 Reversible Rain Coat Black/Lime 1 Navy 5 Star Cap 1 Silver Expansion Cap Strap 1 Clear Cap Cover 1 Winter Cap 1 Tie Bendover Navy Dac/Wool 1 Tie Bar Silver Fil State 1 Silver High Gloss Nameplate 2 Silver Serving Since Tag 2 Baton with holder 1 Sam Browne Belt 2 %11 BW 1 BW Belt Keepers %'l 4 BW Cuff Case 1 Handcuffs 1 BW Double Clip Pouch 1 BW Glove Pouch 1 Velcro Trouser Belt BW 1 Stinger XT Flashlight or 511 Flashlight 1 Stinger XT BW Holder w/FL or Fl l Holder 1 Radio Holder B/W 1 43 APPENDIX C GRIEVANCE FORM ; a (use additional sheets where necessary)CD �s i' Date Filed: Department: Grievant's Name: c, Last First M.I. STEP ONE \ Date of Incident or Date Knew of Facts Giving Rise to Grievance: Article(s)/Sections(s) violated: Briefly state the facts: Remedy Sought: Given To: Date: Grievant's Signature FOP Representative Signature EMPLOYER'S RESPONSE Employer Representative Signature Position Person to Whom Response Given Date STEP TWO Reasons for Advancing Grievance: Given To: Date: Grievant's Signature FOP Representative Signature EMPLOYER'S RESPONSE Employer Representative Signature Position Person to Whom Response Given Date Dratt 02=05=16 y r STEP THREE CD Reasons for Advancing Grievance: Given To: Date: Z � o Grievant's Signature FOP Representative Signature EMPLOYER'S RESPONSE Employer Representative Signature Position Person to Whom Response Given Date STEP FOUR Reasons for Advancing Grievance: Given To: Date: Grievant's Signature FOP Representative Signature EMPLOYER'S RESPONSE Employer Representative Signature Position Person to Whom Response Given Date REFERRAL TO ARBITRATION by Illinois FOP Labor Council Person to Whom Referral Given Date FOP Labor Council Representative Draft 02-05-16 APPENDIX D DUES AUTHORIZATION FORM ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL 974 CLOCK TOWER DRIVE SPRINGFIELD, ILLINOIS 62704 I, ,hereby authorize my Employer, the City of McHenry to deduct from my wages the uniform amount of monthly dues set by the Illinois Fraternal Order of Police Labor Council, for expenses connected with the cost of negotiating and maintaining the collective bargaining agreement between the parties and to remit such dues to the Illinois Fraternal Order of Police Labor Council as it may from time to time direct. (In addition, I authorize my Employer to deduct from wages any back dues owed to the Illinois Fraternal Order of Police Labor Council from the date of its certification as exclusive bargaining representative tot eh date this dues deduction is implemented, in such manner as it so directs.) Date: Employment Start Date: Signed: Address: City: State: Telephone: Cell: Title: Zip: ------------------------------------------------------------------------------------------------ Employer, please remit all dues deductions to: Illinois Fraternal Order of Police Labor Council 974 Clock Tower Drive Springfield, IL 62704 (217) 698-9433 Dues remitted to the Illinois Fraternal Order of Police Labor Council are not tax deductible as charitable contributions for federal income tax purposes; however, they may be deductible on Schedule A of 1040 as a miscellaneous deduction. Draft 02wUmU APPENDIX E - GENERAL ORDER 22.10 ATTENDANCE RQUIREMENT CITY OF McHENRY POLICE DEPARTMENT 333 S. Green Street, McHenry, Illinois 60050 Effective Date March 5t'', 2009 GENERAL ORDER General Order Number 22.10 Subject Attendance Rererence Rescinds/Replaces: PER 1-1, Section AR. Physical Last Reviewed/Revised Examinations Encouraged March 24", 2009 CALEA Standard/s 33.1.2 Attendance Requirement etc Distribution: Master File Copy All Department Personnel Classification: Section 3, Chapter 22 Compensation, Benefits No. Pages 3' & Conditions I. PURPOSE The purpose of this order is to define provisions for employee attendance, promote positive morale and provide for the Department's ability to serve the Community to the best of its ability. II. POLICY It is the policy of the McHenry Police Department to expect their employees to attend work and to be working in a regular and predictable manner. Failing to do so may be legitimate grounds for disciplinary action up to and including termination, with or without fault. All forms of absenteeism will be classified as either scheduled or non-scheduled, or beyond the employees control. III. DEFINITIONS Abusive Use, Taking leave in a manner for which it was not intended. Employee fault may or may not be a necessary element of cause in proving this offense. Example: Using sick leave in direct proportion to the amount of time earned, or using it as soon as it is earned, or using it in a predictable pattern, is substantial evidence of abusive use. Absent Without Leave: Absence without appropriate notice for three (3) consecutive workdays is considered to be a voluntary resignation, unless the circumstances are beyond the employees control. Excessive Absenteeism: That level of non-scheduled absenteeism that exceeds the calculated work unit average by more than 20 percent of that average (see following example). This is a no-fault standard, which means that cause for taking remedial action is not conditioned on management proving the employee was at fault for the absenteeism problem. Example: The work unit's average amount of non-scheduled absenteeism is determined to be 16 hrs. for a three month reporting period. Therefore, 16 hrs. + (16 hrs. x 20%) = 19.2 hrs. Absenteeism greater than 19.2 hrs. would be considered to be excessive for that reporting period. Fraudulent Use: Misrepresenting the need for leave or claiming illness or injury under false pretense is fraud. Fraudulent use of leave privileges is theft of time and services. Fraud in any form is a dismissible offense. Employee fault is a necessary element of proof for cause to be established. Scheduled Absenteeism: Absenteeism that is prearranged with an immediate supervisor and/or manager. Examples: Military leave, Family Medical Leave, vacation, arranged use of sick leave, disability leave, jury duty. Non-scheduled absenteeism: Absenteeism that doesn't fit the definition of scheduled absenteeism. Examples: Calling in sick, leaving work with or without permission, unavailability or failure to report for emergency call out or overtime, without reasonable cause or tardiness. 47 Draft 02-05-16 Work Unit: A city department in which employees are involved in a common function. II. PROCEDURE A. Notification Requirements 1. Employees are required to notify their supervisor, or designated person, if they are going to be tardy or cannot report for work at the designated time or place. 2. Employees are expected to explain or verify all absences. 3. Employees must report unscheduled absences personally to a supervisor with as much advance notice as possible, but no later than one (1) hour before the start of the employee's work shift. Employees cannot rely on another person to make this report. An exception would be where an emergency has occurred and the employee cannot personally report the absence. In such case, the employee is expected to make a good faith effort, to report as soon as possible. To the extent permitted by law, employees that are on non-scheduled sick leave shall remain at their residence, unless hospitalized, visiting the doctor, or acting pursuant to reasonable instructions for care. 4. In the event an employee becomes ill while on duty or at work, he/she must notify a supervisor immediately, and unless it is an emergency, he/she shall not leave an assignment until properly relieved. 5. Employees are expected to schedule elective absenteeism in advance in order that schedule and work priorities might be adjusted accordingly. Failure to do so may result in denial of leave or pay for the period. B. Criteria for Taking Corrective Actions 1. Regular and predictable attendance is considered to be the primary function of every employee working for the City of McHenry Police Department. Employees who cannot, or will not, fulfill their responsibilities may create cause for Management to take one or more of the following actions: a. Reassignment. b. Fitness for duty testing c. Disciplinary action d. Termination 2. Should an employee have an attendance, tardiness or absenteeism problem, Management will make acase-by case analysis to determine appropriate corrective action. Factors taken into consideration may include, but are not limited to: a. The nature and reasons for the absenteeism problem. b. The employee's work, productivity and other employment history. c. A predictable pattern of absenteeism exists in the employee's work record. d. The staffing needs of the Department. e. The economic costs to the Department. f. The employee's demonstrated ability and willingness to improve and to correct the problem. g. Supervisors have warned an employee of a problem and applied sanctions fairly and consistently. h. The length of time during which the employee had a poor attendance record. i. An employee failed to give proper notice of absence. (No later than 1-hour) j. Reasons for the employee's absences and whether absences were intermittent or extended. k. Quarterly attendance records of other similarly situated employees. 1. Discipline was consistent with the discipline given other employees in similar situations with similar work records. 3. Based on substantial evidence of misuse or abuse, the Department maintains the right to investigate an absence, including but not limited to requesting a doctor's note or contacting an employee at home during any employee's absence. Draft 02=05=16 C. Incentives As part of the City of McHenry Police Department's attendance and absenteeism control plan, incentives exist to acknowledge and reward those who maintain good attendance records. Employees may contact their supervisors about these incentives. See also, City of McHenry, Personnel Policies and Procedures, Section 26. S. For purposes here, employees who maintain good attendance records are assured that any other employee with an absenteeism problem may be barred from such things as transfer positions, merit, promotion, or advanced training until they correct their problems. Established by the t7rder of. Efle+aive Date Classificafion: �IYI � ���� t� F��Iarch �«, ?qD9 Suction �. Chapter a� Compensation. Bcncfat:; 8;: Chicf William I Brogan Conditions Draft 02-05=16 APPENDIX F - FAMILY MEDICAL LEAVE POLICY SECTION 28 - FAMILY AND MEDICAL LEAVE ACT POLICY AND PROCEDURES 28.1 Provisions: In accordance with the Family and Medical Leave Act (FMLA),and subject to the conditions stated below, the City will grant to eligible employees up to twelve (12) weeks of job -protected unpaid family and medical leave, per twelve (12) month period, for any one or more of the following reasons: A. The birth of an employee's child, to care for such child or the placement of a child with the employee for adoption or foster care. (Leave for this reason must be taken within the twelve month period following the child's birth or placement with the employee. If both spouses work for the City, each are permitted to take only a combined total of twelve (12) weeks leave during any twelve (12) month period.) B. To care for the employee's immediate family member, if the immediate family member has a serious health condition; or C. The employee's own serious health condition that makes the employee unable to perform the essential functions of his or her position. 28.2 Definitions: "Twelve month period" means a rolling twelve (12) month period measured backward from the date leave is taken and continuous with each additional leave day taken. "Spouse" means married domestic partner. "Child" means a child under 18 years of age, or 18 years of age and older, who is incapable of self -care because of a mental or physical disability as determined by the Social Security Act and Americans with Disabilities Act (ADA) regulations. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, foster, or stepchild. "Parent" means the biological parent or an individual who stands or stood in loco parentis (in the place of a parent) to the employee when the employee was a child. It excludes "parents4n4aw." "Immediate Family" means the employee's spouse, child, or parent. "Serious Health Condition" means an illness, injury, impairment or physical or mental condition that involves: A. Inpatient care; or B. Any period of incapacity requiring absence from work for more than three calendar days, that also involves continuing treatment by (or being under 50 Draft 02-05=16 the supervision of) a health care provider; or C. Continuing treatment by (or under Lite supervision of) a health care provider for a chronic or long-term health condition that is incurable or which, if left untreated, would likely result in a period of incapacity of more than three calendar days; or D. Prenatal care from a health care provider. "Incapable of self -care" means that the individual requires active assistance or supervision to provide daily self -care in several of the activities of daily living, such as caring appropriately for one's grooming or hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones, and the like. "Health Care Provider" - means a doctor of medicine or osteopathy, or any other person determined by the Federal Government to be capable of providing health care services including podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse -practitioners, nurse -midwives authorized to practice by state law, and Christian Science practitioners. "Medical necessity" means there must be a medical need for the leave, as distinguished from voluntary treatments or procedures. 28.3 Eligible Employee: A. All Employees To be eligible for FMLA, an employee must: 1. Have worked for the City at least 10 months whether consecutively or not, (meaning the employee was maintained on the payroll); and 2. Have worked at least 125) hours during the year preceding the start of the leave. Hours worked are determined by applying the principles of the Fair Labor Standards Act (FLSA). B. Exempt Employees FLSA exempt employees who have worked for the City at least 12 months are presumed to have met the minimum service required for eligibility. 28.4 Request for Leave: A. No Need to Assert FMLA Rights 51 Draft 02=05-16 Employees need not expressly assert their rights under the FMLA, or even mention the FMLA when applying for leave. It is enough to state that leave is needed for one or more of the covered reasons, listed under the heading "Family and Medical Leave Provisions" above. B. Leave for Medical Condition The City may have to inquire further to determine whether the leave requested is for a serious health condition which must be supported by a Medical Certification from the health care provider. C. Planning Treatment Upon getting notice for a leave, the City may, for business reasons, require the employee to try to reschedule the treatment, so long as the treating health care provider approves the modification of the treatment schedule. 28.5 Notice Requirement: A. Foreseeable Leave. 1. Unpaid leave: An employee must give 30 days' notice if the leave is foreseeable and unpaid. The request for leave must be accompanied by the "Employee Leave Request Form" furnished by the City Administrator or his designee. If the employee fails to give 30 days' notice without having a reasonable excuse for the delay, the leave will be denied until 30 days after the employee provides the notice. 2. Paid leave: The notice period for a foreseeable paid leave is the same which the employee is required to give to use vacation, sick leave or whatever applicable paid benefit time the employee requests, and is determined either by the City Personnel Policies and Procedures, or a departmental or City-wide procedure. The substitution of paid leave for the otherwise unpaid leave provided by the FMLA is described below. B. Unforeseeable Leave 1. Unpaid leave: In unexpected or unforeseeable situations, an employee should provide as much notice as is practicable under the circumstances. It is expected that the employee would give notice within one or two business days of learning of the need for the leave, except in extraordinary circumstances. The notice shall be followed by the completed "Employee Leave Request Form." In case of a medical emergency involving either the employee's own or the immediate family member's serious health condition, the City's otherwise 52 Draft 0 mNA 6 required advance notice is unenforceable when FMLA leave is involved. 2. Paid leave: The provisions described under Section VII Elb above apply. 28.6 Medical Certification: A. Timeframe to Submit Form: For leaves (unpaid) taken because of the employee's or a covered family member's serious health condition, the employee must submit a completed "Medical Certification" form available from the City Administrator or his designee within 15 days after the City requests completion of the form, or as soon as reasonably possible. B. Subsequent Medical Opinion/Reports: The City may require a second or third opinion, at the City's expense, and periodic reports on the employee's status and intent to return to work. The employee must furnish a fitness for duty report to return from a leave taken because of the employee's own serious health condition. 28.7 Intermittent or Reduced Leave: A. Serious Health Condition: If it is medically necessary, leave maybe taken intermittently (a few days/hours at a time), or on a reduced leave schedule to care for an immediate family member with a serious health condition, or because of the employee's own serious health condition. 1. Medical Necessity: The treatment regimen and other information given on the "Medical Certification" form is enough to certify the medical necessity of intermittent or reduced leave. However, the employee must schedule such leave so as not to disrupt the City's operations. Upon request, the employee shall provide the City with the reasons why the intermittent/reduced leave schedule is necessary, and furnish a schedule of the treatment. The City and the employee will work out a mutually agreeable schedule, subject to the approval of the health care provider. 2. Temporary Transfer: The employee maybe required to transfer temporarily to a position with equivalent pay and benefits that better accommodates recurring periods of leave, when the leave is planned for scheduled medical treatment. B. Department's Consent: A leave taken intermittently or on a reduced leave schedule for the birth of the employee's child, or the child's placement with the employee for adoption or foster care, requires the department's consent. C. Part-time/Variable Hours Employees: For part-time employees and those working variable hours, the FMLA leave entitlement is calculated on a pro-rata basis whereby the 12 weeks worked immediately prior to the start of the leave are used to calculate the employee's normal work week. 53 Draft 0 mMA6 D. Exempt Employees: Exempt employees' salaries will be reduced by the hours taken as intermittent or reduced leave during the work week, without affecting their exempt status. 28.8 Substitution of Paid Leave: A. Required Substitution: Employees are required to substitute all accrued paid benefit time for any part of an FMLA leave taken for any reason except for the last five (or fewer) vacation days left during the remaining employee year, which they may retain for future use. B. Combination of Paid/Unpaid Leave: When an employee has used accrued paid benefit time for a portion of FMLA leave, the employee may request an additional period of unpaid leave for a total combined leave of 12 weeks. C. Right of Substitution: An employee has the right to substitute all of his/her accrued paid benefit time, so long as the City Personnel Policies and Procedures permit the use of paid benefit time for the type of FMLA leave requested. 28.9 Effect on Benefits: A. Group Insurance: The employee's group health insurance and life insurance plan continues under the same conditions as coverage would have been provided if the employee had continuously been employed during the leave period. B. Insurance Contributions: Employees' contributions to premiums continue at the same level as if they were actively employed. If there is a change in the employee's share of premium costs, they are notified of the change and expected to pay the premium they would have paid had they not been on leave. l . Paid leave: Employees who are on paid leave will have their premium payments withheld through payroll deduction. 2. Unpaid leave: Employees who are on unpaid leave will be advised in writing at the beginning of the leave period of the amount, method and due date of their premium payments. 3. Late payment: If an employee's premium payment is more than thirty (30) days late, the City may terminate the health coverage. However, the coverage will be restored immediately upon the employee's return from leave. 4. Reimbursement: If the City pays the employee's share of the premium which the employee missed during the leave, the City may require reimbursement from the employee upon return from leave. The employee 54 Draft 02-05=16 will be required to sign a written statement at the beginning of the leave authorizing payroll deductions for delinquent payments. 5. Employee does not return from leave: If the employee fails to return from leave for reasons other than the continuation of the employee's serious health condition, or the serious health condition of a covered family member, or circumstances beyond the employee's control, or the employee returns to work for less than 30 days, the City may seek reimbursement for the employer's share of the premiums paid on behalf of the employee during the period of the leave. C. Other Benefits: An employee is not entitled to seniority or benefit accrual during periods of unpaid leave, unless otherwise stated in the City Personnel Policies and Procedures or law. However, the employee will not lose any benefit accrued prior to the leave. 28.10 Job Protection: A. Same or Equivalent Position: If employees return from leave by the end of twelve (12) weeks, or before, they are reinstated to the former position or an equivalent one, with equivalent pay, benefits, status, authority, and other conditions of employment as they held before going on leave. B. .Restoration Rights: The restoration rights of an employee returning from FMLA leave are the same as they would have been had the employee continued to work. Therefore, had the employee's position been eliminated, or the employee been terminated while actively at work, there is no right to be reinstated upon return from leave. C. Late Return: If the employee fails to return by the end of twelve (12) weeks, reinstatement to the same or similar position occurs only if it is available. Otherwise, the employee's employment may be terminated. D. Key Employee: An exception to reinstatement may also be made in the case of a "key employee," even if the "key employee" returns timely from leave. A "key employee" is among the 10% highest paid City employees. "Key employees" will be notified of their status in writing when they request FMLA leave and informed as to whether there is a possibility that reinstatement will be denied after leave. Restoration may be denied if it causes substantial and grievous economic injury as defined by FMLA regulations. 55 Draft 02-05A 6 APPENDIX G — GENERAL ORDER 22.4 SECONDARY EMPLOYMENT CITY OF WHENRY POLICE DEPARTMENT Effective Date GENERAL ORDER General Order Number October 21, 2002 22.4 Subject Secondary/]Extra-Duty Employment Reference Rescinds/Replaces: Last Reviewed/Revised: McHenry Personnel Policies & Procedures, Section 15, 15.11 General Order 22.3 January 25, 2005 City of McHenry Collective Bargaining, Article XIX, Section 19.5 Secondary Employment CALEA Standards 22.3.3 O-D= Employment 22.3.4 Extra -Duty Employme. ff PURPOSE Distribution: Master File Copy All Department Personnel Chapter 3 No. Pages Personnel Structure 3 Tab 4 The McHenry Police Department recognizes the desire by employees to maintain outside interests and seek part-time employment opportunities separate from their full time employment with the department. The purpose of this directive is to ensure that although employees may elect to participate in secondary or extra duty employment opportunities, it is important that they are fit for duty when reporting for their tour of duty at the department. This policy covers both sworn and non -sworn personnel. POLICY It is in the Department's interest to ensure that employees do not participate in secondary employment that would constitute a conflict of interest, infringe on the employee's ability to do his job or would tend to bring discredit to the Department. Employees engaging in Secondary Employment must reasonably be available to report for duty on short notice when ordered in to work. III. DEFINITIONS Employment: The provision of a service, whether or not in exchange for a fee or other service including self-employment. This includes any employment in which another may fmancially benefit from the employee's work. Employment does not include volunteer charity work. Secondary Employment: Any outside employment, which is off duty, wherein the use of law enforcement power is not anticipated. Extra -Duty Employment: Any secondary employment that is conditioned on the actual or potential use of law enforcement powers by the off -duty employee. Employee: All full-time police personnel whether sworn or civilian who are employed by the City of McHenry. IV PROCEDURES (Calea 22.3.4 a, c, d) A. General Provisions of Secondary and Extra -Duty Employment 1. All off -duty or Secondary and Extra Duty Employment will be approved in accordance with the City of McHenry Personnel Policy Manual, this Policy and the Police Officers Collective Bargaining Agreement. 2. Prior to engaging in Secondary or Extra Duty Employment employees will submit through the chain of command, a "Secondary Employment -Request for Approval Form" (Sample Attached). 3. Upon review this form shall be returned with approval or denial of request within ten (10) days after submission. 4. All approved requests are subject to periodic review and reconsideration for approval by the Chief of Police. Employees shall communicate in writing any changes in the conditions of Secondary or Extra -Duty Employment that were previously approved by the department. 5. The Chief of Police or his designee will be the point of coordination and administration within the agency to ensure compliance with this policy. 5. The Chief of Police or his designee will monitor secondary and extra duty employment of agency personnel. The Chief of Police may revoke the approval of personnel to work certain secondary employment if it appears that the employment violates any provisions of the law, of this policy, of the City of McHenry's Personnel Manual or of other provisions of this manual. Draft 02-05-16 7. Court appearances required as a result of Secondary Employment or Extra -Duty Employment is the responsibility of the employee and shall not be attended during on -duty hours. 8. Officers engaged in Off Duty, Secondary Employment or Extra -Duty who use their law enforcement powers are required to notify the department in writing of the circumstances surrounding their use of these powers within 24 hours of the incident. 9. Department employees will not perform duties that are in conflict with Departmental Directives, permit or condone activity that is a violation of Federal, State or Local Statutes or give the impression that the Officer was condoning illegal or immoral activity. 10. Probationary employees, who have not entered the solo step of their probationary period, shall not be eligible to engage in secondary employment. B. Specific Provisions Secondary Employment (Calea 22.3.3) 1. Secondary employment shall not conflict with regularly scheduled duty hours. 2. McHenry Police Officers working any authorized secondary employment will be allowed to work up to a maximum of thirty (30) hours per week or a total of 70 hours in combination with regular duty in a single week. The week is considered as covering the period from 0001 hours Sunday morning to 2400 hours the following Saturday night. There are no restrictions placed on regular days off, holidays or vacation days. 3. No employee shall solicit any person, business or other entity for secondary employment while on duty, or while acting as a McHenry Police Department employee. 4. Employees will not wear any garments that identify them as McHenry Police Officers while performing Secondary Employment. 5. Employees will not access, disseminate information from, or perform inquiries of any law enforcement data system in the performance of any secondary employment. 6. Employees will not identify themselves as a McHenry Police Officer unless required in the process of placing an individual under arrest. 7. Employees shall not utilize City of McHenry uniforms, weapons or any other equipment in the pursuit of Secondary Employment. C. Specific Provisions Extra -Duty Employment (Calea 22.3.4, a., b., c., d., e.) 1. Officers will not wear garments that identify them as McHenry Police Officers while performing Extra -Duty Employment without expressed written permission from the Chief of Police. 2. All City and Department policies, procedures, rules and regulations apply to the behavior and activities of officers during extra -duty employment. 3. Officers will not utilize City of McHenry uniforms, weapons or equipment in the pursuit of Extra -Duty Employment unless authorized by the Chief of Police or his designee. a. Exceptions to this provision may be made for a Department authorized detail of McHenry School District 15 or 156 or another governmental entity. 4. Officers who are engaged in Extra -Duty Employment within the corporate limits of the City of McHenry or authorized region shall notify the on -duty Shift Commander and Communications prior to reporting for duty. 5. Communications equipment shall be utilized to keep the officer in continuous contact with the Communications Center while working within McHenry County. 6. If time allows, it is strongly recommended that an officer engaged in extra -duty employment contact the department or law enforcement agency with jurisdiction over the area where they are employed prior to placing an individual under arrest. If time does not permit, said notification will be made as soon as possible after the arrested individual is secured. 7. McHenry Police Officers working any authorized secondary employment will be allowed to work up to a maximum of thirty (30) hours per week or a total of 70 hours in combination with regular duty in a single week. The week is considered as covering the period from 0001 hours Sunday morning to 2400 hours the following Saturday night. There are no restrictions placed on regular days off, holidays or vacation days. 8. Sworn Employees may engage in employment as a "Peace Officer" as defined in the Criminal Code of 1961, 720 ILCS 5/243 for a governmental entity other than the City of McHenry under the terms of this order. Officers who elect to engage in such employment shall not utilize City of McHenry Uniforms, weapons or equipment. 9. Court appearances required as a result of Extra -Duty Employment is the responsibility of the employee and shall not he attended during on -duty hours. Established by the Order of: _ City Council Review Effective Date Chapter 3 �,,� October 7, 2002 October 21, 2002 net Structure Tab 09, a Chief Thomas J. O'Meara 57 Draft 02=05-16 Sample of Off -Duty Employment -REQUEST FOR APPROVAL ATTACHMENT A 22.3.3 City of McHenry Police Department Off -Duty Employment — Request for Approval To: Chief of Police From. Date of Request: Prospective Secondary Employer/Company Name. Address: City: State: Prospective Immediate Supervisor: Telephone. Anticipated Starting Date: Anticipated total work hours per week: (Maximum recommended for sworn officers per regulation is 20 hours per week.) Description of work to be performed: 1. I have reviewed General Order 22.3.3, Secondary Employment and Extra Duty Employment and agree to conform to the provisions of this order. 2. I am aware that if my off -duty employment is situated outside the corporate limits of the City of McHenry, I will not represent myself as a McHenry police officer during the performance of my duties. In addition, I accept the condition that I am not to use city equipment nor utilize the facilities of our Records Section in connection with my prospective off -duty employment. Date: Signature of Employee Do not write below this line. To: From: Date, Request is: ❑ Approved ❑ Denied Comment. This request must be received in the Chiefs office prior to starting date. Original Copy to Personnel File, one copy to Chief s office file and one copy returned to submitting employee. Draft 02=05=16 02-04-16 APPENDIX H MCHENRY POLICE DEPT PATROL OFFICER -- SENIORITY LIST 1 Anthony P. Mucciame 1056 03/28/97 Z Eric Sexton 1061 09/11/98 3 John Adams 1062 06/14/99 4 Jill Foley 1066 10/01/99 5 Robert J. Roske 1067 10/01/99 6 Brian Aalto 1073 01/05/01 7 Marc Fisher 1074 01/05/01 8 Lawrence Popp 1027 07/02/01 9 Richard Rewiako 1031 07/02/01 10 Jason Ducak 1075 01/04/02 11 Michael Spohn 1076 01/04/02 12 Omar Morales 1077 04/12/02 13 Ryan Pardue 1078 04/12/02 14 Robert L. Keene 1080 10/11/02 15 Tanya L. Stone 1083 09/18/03 16 Nicholas R. Clesen 1084 09/18/03 17 Adriana Birk 1086 08/16/04 18 James A. Harris 1087 08/16/04 19 Kelly A. Ducak 1085 05/06/05 20 Mark R. Gandor 1088 06/13/05 21 Paul Prather 1089 04/24/06 22 Patrick A. Polidori 1094 05/09/07 23 Matthew Schmitt 1097 12/12/07 24 Jaimie L. Prather 1098 09/14/09 25 Robert R. Beaudoin 1102 10/20/09 26 Robert Klasek 1103 02/08/10 27 Matthew J. Voelker 1104 09/07/10 28 Christina Torkelson 1105 01/05/11 29 Jack Zumwalt 1106 09/26/11 30 Sean Klechak 1108 09/23/13 31 Joseph Lazicki 1109 09/23/13 32 Zachary Piekarski 1110 03/31/14 33 Joshua Conway 1111 06/30/14 34 Samuel Shafer 1112 09/22/14 35 Brett Kinney 1113 07/16/15 36 Ryan Ehardt 1114 09/21/15 59