HomeMy WebLinkAboutMinutes - 06/27/2011 - City Council REGULAR MEETING
JUNE 27, 2011
Mayor Low called the regularly scheduled June 27, 2011 meeting of the McHenry City
Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer,
Blake, Wimmer, Peterson, and Condon. Absent: None. Also in attendance were City
Administrator Black, Deputy City Administrator Martin, Assistant City Administrator Hobson,
City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director
Schwalenberg, Public Works Director Schmitt, Chief of Police Jones.
PUBLIC INPUT SESSION
There was no one who signed in to speak during the Ten Minutes of Public Input.
CONSENT AGENDA
Alderman Glab requested Consent Agenda Item C, Ordinance Establishing Prevailing
Wage Rates in the City of McHenry, be pulled for further discussion.
Motion by Glab, seconded by Santi,to approve the Consent Agenda as amended:
A. Approve IDNR Grant Resolution authorizing grant application for Fort McHenry renovation;
B. Approve Illinois Clean Diesel Program terms agreement with Chicago International Trucks in an amount not-to-exceed
$29,583.28;
D. Approve Block Party request:
Wayne Braun,Mill Creek Subdivision,July 9,2011;
E. Approve City Council Minutes:
June 6,2011 regularly scheduled meeting;
June 13,2011 regularly scheduled meeting;
F. Approve List of Bills:
A-ABLE ALARM SERVICE INC 341.50
ACE TOWING & RECOVERY 300.00
ADAMS ENTERPRISES INC, R 28.50
ADVANCED AUTOMATION AND 330.00
ALABAWY, MAGGIE 38.00
ALEXANDER EQUIPMENT COMP 92.30
AMELIO, ROBERT 211.50
ANDERSON, GISELLE 170.00
APCO INTERNATIONAL INC 398.00
ARBOR DAY FOUNDATION 15.00
ASHLAND SPECIALTY CHEMIC 2,970.00
AT&T 3,732.04
AT&T LONG DISTANCE 163.00
AUTO TECH CENTERS INC 104.25
AUTO TRUCK GROUP 1,060.66
BAXTER & WOODMAN 1,520.43
BECKER, ERIC 34.50
BERGGREN, LEE 377.95
BLACKSTONE LANDSCAPE INC 8,449.00
BOTTS WELDING & TRUCK SE 32.00
BOXX THIS INC 186.32
BREMER, CURTIS H 130.00
BRENNAN, DAN 3,065.00
BROWN, PAUL 92.00
BURRIS EQUIPMENT COMPANY 83.37
CAREY ELECTRIC 593.00
CARQUEST AUTO PARTS STOR 369.75
`� CDW GOVERNMENT INC 884.95
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June 27,2011
CERNY, ANA 28.00
CHURCH OF HOLY APOSTLES 30.00
COMCAST CABLE 75.79
CONNEY SAFETY PRODUCTS 355.58
CONSERV FS 42.60
COUNTY CLERKS OFFICE 10.00
CURRAN CONTRACTING COMPA 1,465.23
CUSTOM LANDSCAPING 6,410.00
D'ANGELO NATURAL SPRING 54.25
DELISI, PHIL 200.00
DONAHUE, ALLISON 38.00
DONS CLEANERS 55.90
DURA WAX COMPANY INC, TH 153.95
EAST JORDAN IRON WORKS 600.00
ED'S RENTAL & SALES INC 45.00
FAMILY TAILOR SHOP 31.00
FAST EDDIES CAR WASH 14.95
FELIPE-PINEDA, ROGELIO 30.00
FLESCH COMPANY INC, GORD 78.05
FOWLER, JEFF R 115.00
FREUND, VICTOR 75.00
G IMPRESSIONS INC 280.00
GALLAGHER RISK MANAGEMEN 30.00
GOLD MEDAL PRODUCTS 2,490.60
GORDON, JEAN 34.00
GOVERNMENT FINANCE OFFIC 75.00
GURDA, ART 2,000.00
HARM'S FARM 90.74
HAWKINS INC 3,240.57
HERNDON, SUSAN 69.00
HOFFMAN, PAM 48.00
HOJNACKI, DALE 219.82
HP SHOOTING CENTER INC 90.00 �^
HRGREEN 42,363.07
IACE 35.00
ILLINOIS STATE POLICE 20.00
INFANTES LANDSCAPING 850.00
JIMANOS PIZZERIA 48.00
KALE UNIFORMS INC 380.19
KAUNAS, MARJORIE 68.00
KIEFER & ASSOC, ADOLPH 250.29
KIMBALL MIDWEST 192.43
KONTOMICHALOS, TAMMI 58.00
LAKESIDE PEST CONTROL SE 110.00
LAMBERT, FRANCES B 175.00
LANG PONTIAC-CADILLAC-SU 269.65
LAWSON, ERIN 17.00
LEACH ENTERPRISES INC 67.61
LEADSONLINE 2,578.00
MARATHON TOWING 250.00
MARYS FLOWERS & GIFTS 110.00
MAZZUCA, JOE 184.00
MCHENRY ANALYTICAL WATER 450.00
MCHENRY COMMUNITY HIGH S 829.00
MCHENRY COMMUNITY SCHOOL 1,175.00
MCHENRY COUNTY COUNCIL O 7,207.65
MCHENRY FIRESTONE 67.99
MCHENRY POWER EQUIPMENT 16.74
MCHENRY PUBLIC LIBRARY 69.00
MCMASTER-CARR SUPPLY CO 766.98
MEADE ELECTRIC COMPANY I 184.81
MERKEL, MARISA 110.88
MINUTEMAN PRESS OF MCH 2,363.93
MOORE, KEVIN 102.00
MORITZ, SHERRIE 109.49
MORTON SALT 30,988.56
MYERS-SCHMITZ, CAROL 162.00
NELSON, JOAN 46.00 i
NEUMANN JR, EDWARD J 500.00
NOONAN, CAREY 69.00
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June 27,2011
NORTHERN KEY & LOCK INC 146.00
NORTHWEST HERALD 470.00
OLVERA-RYAN, JENNIFER 97.50
ORIENTAL TRADING CO INC 91.99
OTTOSEN BRITZ KELLY COOP 666.00
OWEN, DAWN 38.00
PEPSI BEVERAGE COMPANY 2,076.60
PETROLIANCE LLC 9,962.56
PETTIBONE & CO, P F 36.99
PITNEY BOWES INC 255.00
PORTER LEE CORPORATION 232.00
PRATHER, PAUL 18.74
PRECISION SERVICE & PART 296.99
PRECISION SHARPENING 36.00
PRO PLAYER CONSULTANTS I 1,665.00
QUILL CORPORATION 251.07
RAXCO SOFTWARE 1,657.58
REINDERS INC 910.45
RICCI, DONNA 37.57
RICHMOND FISHERIES 1,000.00
ROCKALL, KRISTIAN 1,820.00
RUZICKA, RUSSELL 624.60
SAM'S CLUB 844.60
SCHAFER, PAT 193.88
SCHWEITZER, BRIAN H 555.00
SECRETARY OF STATE/INDEX 10.00
SERVICEMASTER BY DIDIER 504.00
SHANAHAN, MICHAEL L 4,500.00
SHERMAN MECHANICAL INC 782.70
SPORTS SUPPLY GROUP INC 185.30
STAN'S FINANCIAL SERVICE 222.00
STAPLES ADVANTAGE 361.14
STEINER ELECTRIC COMPANY 474.29
STERWERF, JASON 46.00
TARTER, TODD 25.00
THELEN MATERIALS LLC 296.30
�-- THOMAS TRUCKING INC, KEN 1,545.00
TONYAN, LUCY 54.00
TRAFFIC CONTROL & PROTEC 286.64
ULTRA STROBE COMMUNICAIT 565.83
UNITED PARCEL SERVICE 32.40
UNITROL / STINGER SPIKE 106.00
USA BLUEBOOK 466.23
VALLEY VIEW ACRES 425.00
VERIZON WIRELESS 1,785.29
WATSON, LINDA 48.00
WEYDE, BILL 88.89
WILSON, LINDA 17.00
ZAHN, DAN 492.00
ZUKOWSKI ROGERS FLOOD & 7,400.09
GRAND TOTALS $182,297.54
FUND TOTALS
GENERAL FUND 85,757.53
PAGEANT FUND 285.88
ANNEXATION FUND 2,073.00
MOTOR FUEL TAX FUND 30,988.56
CAPITAL IMPROVEMENTS FUND 1,520.43
WATER/SEWER FUND 18,937.09
UTILITY IMPROVEMENTS FUND 38,748.26
RISK MANAGEMENT FUND 30.00
INFORMATION TECHNOLOGY FUND 2,749.98
RETAINED PERSONNEL ESCROW 1,206.81
TOTALS $182,297.54
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
L Motion carried.
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June 27,2011
CONSENT AGENDA ITEM C: APPROVE ORDINANCE ESTABLISHING PREVAILING WAGE RATES
IN THE CITY OF MCHENRY
Alderman Glab stated his belief that establishing a rate of prevailing wage in the City
adds additional cost to the bidding process and increases the cost of each project and for that
reason stated he could not support passing the ordinance.
Alderman Peterson noted the City must establish the rate of prevailing wage as it is
mandated by the State of Illinois. City Administrator Black confirmed Alderman Peterson was
correct.
Motion by Wimmer, seconded by Blake, to pass an ordinance establishing the rate of
prevailing wage in the City of McHenry as required by State Statute.
Voting Aye: Santi, Blake, Wimmer, Condon.
Voting Nay: Glab, Schaefer, Peterson.
Absent: None.
Motion carried.
APPROVE RESOLUTION PROVIDING FOR DEDICATION OF "HONORARY DONALD P DOHERTY
DRIVE"
Deputy Administrator Martin stated a request was submitted by Carmel Ray nominating
her father, Donald P. Doherty, as recipient of an honorary street designation. Mr. Doherty is a
former mayor who has resided on Green Street for sixty years and whose contributions to the
community are countless. Staff supports the request to approve the designation of the
intersection of Green Street and Pearl Street as "Honorary Donald P. Doherty Drive" as
presented.
Mayor Low opined this is a wonderful nomination and could not imagine Green Street
without Don Doherty.
Alderman Schaefer noted this nomination is exactly what the honorary street sign
program is all about.
Alderman Condon stated Mr. Doherty exemplifies the Character Counts! Program and
she supports the nomination.
Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to pass a
resolution establishing the intersection of Green Street and Pearl Street as "Honorary Donald P.
Doherty Drive" in the City of McHenry.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None. ,
Motion carried.
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June 27,2011
REQUEST FOR SIGN VARIANCE: SAFARI CHILDCARE LOCATED AT 2214 WEST ROUTE 120
Deputy Administrator Martin stated a request was submitted by Christine Hochstatter
of Safari Childcare located at 2214 West Route 120 for a sign variance. Ms. Hochstatter would
like to post an additional wall sign on the subject premises. The City's sign ordinance permits
two wall signs on the site. Ms. Hochstatter is requesting a variance to post three wall signs.
Staff has reviewed the request and supports the variance as presented.
Motion by Blake, seconded by Wimmer, to accept Staffs recommendation to grant a
variance to allow three wall signs as presented by applicant Christine Hochstatter of Safari
Childcare located at 2214 West Route 120.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR TEMPORARY SIGN VARIANCE FOR GREATER ELGIN FAMILY CARE CENTER
LOCATED AT 3901 MERCY DRIVE IN PROFESSIONAL PLAZA SUBDIVISION
Deputy Administrator Martin stated a request was submitted for a variance to allow a
temporary sign to be posted at the southeast corner of the intersection of Mercy Drive and
Illinois Route 31. The request was submitted by Greater Elgin Family Care Center who intends
to locate a facility in Professional Plaza Subdivision. The temporary sign would be posted from
October 2011 through March 2012 and would provide direction to new clients to the
organization's facility located at 3901 Mercy Drive. Staff has reviewed the application and
supports the temporary sign variance as presented.
Alderman Schaefer stated Staff might wish to check into the possibility that proposed
work on Illinois Route 31 would not impede the sign.
Motion by Wimmer, seconded by Condon, to accept Staff's recommendation to approve
a temporary sign variance as requested by Greater Elgin Family Care Center for their facility to
be located at 3901 Mercy Drive in Professional Plaza Subdivision to allow posting of an
advertising sign from October 2011 through March 2012 as presented.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE FOR VFW LOCATED AT 3002 WEST ROUTE 120, INCLUDING
WAIVER OF ALL FEES ASSOCIATED WITH THE REQUEST
Deputy Administrator Martin stated the McHenry VEW Post has submitted a request to
.� allow two 24 square foot feather banners to be displayed on their property located at 3002
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June 27,2011
West Route 120. The signs would indicate the establishment is now open to the public. if
permitted the signs would be removed no later than October 1, 2011.
Deputy Administrator Martin noted when driving west on Route 120 it is difficult to see
the VFW existing freestanding sign due to its location, height, color and existing vegetation,
which inhibit a clear view. The VFW has also requested that all fees associated with their
request be waived. Staff has review the request and recommends approval subject to the
following conditions being met:
1. Banners shall be replaced if they become worn or tattered;
2. Banners shall at no time be located in the public right-of-way;
3. Banners shall be removed no later than October 1, 2011.
Motion by Blake, seconded by Santi, to accept Staff's recommendation to approve the
temporary advertising sign variance request submitted by the McHenry VFW located at 3002
West Route 120 to allow two 24 square foot feather banners and to waive all fees associated
with the request subject to the following conditions being met:
1. Banners shall be replaced if they become worn or tattered;
2. Banners shall at no time be located in the public right-of-way;
3. Banners shall be removed no later than October 1, 2011.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR AUTHORIZATION TO EXECUTE ENGINEERING SERVICES AGREEMENT FOR
RENOVATION OF WATER TREATMENT PLANT #2 — HR GREEN IN THE AMOUNT NOT-TO-
EXCEED $17S,000
Director of Public Works Schmitt stated in the 2011/2012 Capital Improvement Program
Staff included the funding for the design, engineering and construction to remodel Water
Treatment Plant #2 located on Beach Road. HR Green has submitted an engineering services
agreement for design and bidding services to remodel the plant in an amount not-to-exceed
$175,000. It is Staffs recommendation that Council approve the engineering services
agreement as presented.
Motion by Wimmer, seconded by Glab, to accept Staff's recommendation to authorize
the Mayor's execution of an Engineering Services Agreement in an amount not-to-exceed
$175,000 as presented by HR Green for the design and bidding services associated with the
renovation of Water Treatment Plant #2 located on Beach Road as presented.
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June 27,2011
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST TO APPROVE AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF THE
THIRD AMENDMENT TO THE REDEVELOPMENT AGREEMENT OF THE FORMER MEDICAL ARTS
SITE, 1110 NORTH GREEN STREET
City Administrator Black stated in 2007 Council approved a redevelopment agreement
for the project located at the site of the former Medical Arts Building at 1110 North Green
Street, now known as Riverwalk Center. Two amendments were subsequently approved in
2008 and 2009. The project includes 27 residential units and 17,000 square feet of commercial
space. The City's participation in the agreement requires a $3.3 million contribution, $624,000
in property taxes generated by the project for parking, and site improvements.
City Administrator Black stated First Midwest Bank has taken title to the property from
Curtis Commercial and McHenry Riverwalk Center, LLC. First Midwest Bank has entered into a
contract purchase agreement with 1110 N Green LLC. The contract purchase is dependent upon
City Council approval of an amendment to the original redevelopment agreement and its
subsequent amendments.
City Administrator Black reminded Council this matter was discussed in depth at
Council's April 11, 2011 meeting. At that time the primary concern of several Council members
was whether the property would eventually revert back to condominiums if Council allowed
apartment rental units as part of the agreement amendment. Staff has engaged in lengthy
discussion with the bank and potential purchasers in an attempt to reach an agreement which
would be acceptable to Council. City Administrator Black briefly summarized the various
components of the proposed agreement. He noted the primary new component of the
agreement is the provision that the bank would have to pay back to the City $55,000 per year
for each year the building has not been converted back to condominiums beginning in July 2019
and ending in July 2024 for a maximum amount of$330,000. The proposed ordinance providing
for the authorization of the Mayor's execution of the Third Amendment to the Redevelopment
Agreement for the McHenry Riverwalk Center is presented for Council consideration.
Motion by Condon, seconded by Wimmer, to approve an ordinance authorizing the
Mayor's execution of the Third Amendment to the Redevelopment Agreement for the
Riverwalk Center property located at the former site of the Medical Arts Building, as presented.
Discussion on the Motion:
Alderman Condon read a prepared statement regarding this matter: "When we were last
presented with this topic, I was very trepid about moving forward with this building becoming
apartments rather than their originally intended condominiums. But since then much has changed and
happened. You see, I don't take things at face value. I ask questions, gather data, and, although I try to
~' listen to everyone's point of view, I rest my final decision on the facts and my gut instinct. I tried not to
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June 27,2011
get caught up in the "what if's" and future possibilities, but, base my decisions on what I have to work
with in front of me and in the present. With that said, we have a building with a beautiful exterior and
an unfinished inside with much potential. There are two glaring marks, however. The building is in need
of repair and completion so that it doesn't deteriorate further, and there is a lack of sufficient parking.
Although we have the potential of additional parking downtown with this agreement, it is certainly not
the optimum, but is better than nothing, and fills the downtown need for additional parking. The bank
has point blankly said that it will not complete the building if it is not sold and actually will close the
residential units, leaving the business and retail units in question. Although the exterior looks great, the
interior is not finished, and, with water leaking, it will quickly become dilapidated. The building in
Algonquin sits in shambles. That is what is waiting for McHenry if we do not allow the bank to move
forward with the current offer to the developer. The dilemma then becomes: Are we able to accept the
residential units as rentals for a number of years until they are converted back to condominiums? After
meeting and discussing this issue with the potential developer, I am confident that that is his intention.
With his investment of creating upscale units, he will need to recoup his investment, and that will only
be attained throjgh the sale of units, not rentals. In the meantime, the City gets additional parking, a
completed building for residential and business use, and the original vision of people downtown on the
Riverwalk is within sight. I've always believed that everyone has a right to their opinion and that people
should agree to agree respectfully. I do however become concerned when a well-known member of the
community states things as facts instead of opinions, or even facts that are not complete. So I caution
everyone to know all the facts and information and discern what is fact and what is opinion.And, as was
suggested,to go ahead and pay attention, I agree. Because all of the members up here, all of us, we live
in McHenry. We are very invested in what we approve. It is only logical that we are doing what we each
think will secure the future of McHenry. Although we may disagree in how to accomplish what is best, -^
we have been sworn to accept this responsibility. It is true the decisions tonight will last well into the
future. And I, for one, believe that the future of the Riverwalk includes our residents enjoying our
downtown amenities, even if they have to walk a little bit further."
Alderman Santi noted he still has concerns relating to the_downtown parking as he
expressed at the April 11, 2011 Council meeting. He requested potential purchaser Roy Blavvise
to come to the podium. Mr. Blavvise responded he intends to continue to rent Mr. Neumann's
lot across the street from the project in order to provide parking for the site. Responding to
Alderman Santi's inquiry, Mr. Blavvise stated he would first have to identify the problems
needing repair within the building, prior to making plans for repair. He noted he is aware of the
parking problems with the site and stated he also has concerns. However, he is confident a
solution can and will be found.
Alderman Santi inquired about the timing for completion of the improvements to the
Wahl Lot. Mr. Blavvise responded completion of the lot is a priority because it is something the
community would be able to see that is being accomplished.
Alderman Glab inquired about paragraph D in the recitals of the agreement, regarding
the "conveying to the titleholder, by a deed in lieu of foreclosure". Attorney Steve Cuda
responded that is the language as stated in the property deed. City Attorney McArdle noted in
this economy foreclosures are happening all of the time. First Midwest does not want to
mislead anyone. This property was very close to being foreclosed upon.
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Alderman Glab stated Mr. Blavvise is the only buyer. He noted the property has not
been on the market. He stated he still has reservations about the project. He questioned why
the incentive amounts have not been decreased. The project is not the $10 million project it
once was.
Alderman Glab further stated he has issues with Section 5 on page 2 of the agreement.
He questioned how long are the sandwich boards going to be displayed? He stated he would
like to see a timeframe on the sandwich board signs being included in the terms of the
agreement. He opined these kinds of details need to be addressed.
Alderman Glab noted he does not feel any government-subsidized housing should be
permitted on the premises. City Administrator Black responded by law the agreement cannot
state that subsidized housing cannot be permitted. City Attorney McArdle concurred.
Alderman Schaefer referenced Paragraph 9 on page 3, inquiring what happens if the
third party buyer sells prior to 2019? City Attorney McArdle responded the provision goes to his
assignees; the provision runs with the land as stated in the first two sentences of Paragraph 13.
Alderman Schaefer referenced Paragraph 12 on page 4 and stated he felt uncomfortable
signing anything without all of the building code issues being resolved. City Attorney McArdle
responded if there is no occupancy, there is no violation. Director of Construction and
Neighborhood Services Schwalenberg noted there are still some unresolved building violations.
No occupancy permits will be issued until the building violations have been resolved.
Alderman Schaefer noted he is still uncomfortable that there is no guarantee regarding
owner occupied units. He stated he wished the agreement could have been worked out to
include this provision.
Alderman Blake stated he wants to see people in the building as soon as possible.
Alderman Wimmer stated the City has already agreed to accept the parking situation as
it is by virtue of a previous amendment. The parking is what it is. That should no longer be an
issue.
Alderman Peterson stated he looks at Riverwalk Center as a portion of the downtown
revitalization. He stated he would like some money back from the developer to put back into
the TIF. The City needs to make the best of this situation. The failure of the project was caused
by the economy, not by the City and not by the developer.
Alderman Condon stated she concurs with Alderman Glab that some sort of timeframe
should be involved regarding removal of the sandwich boards. This project involves
compromise and the City will still end up with a beautiful building.
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City Administrator Black referenced comments to building code issues, and noted
Director Schwalenberg and his department has been put into a very difficult position. The City
was initially working with a developer that was struggling, a bank that took over and had
limited interest in the property, and then going through this transition process during which the
building could be sold at any time. These are not normal circumstances.
Alderman Santi stated he does not feel the City has enough leverage in the agreement
to make him comfortable. The value is not there for incentives. He expressed concern that
rentals could go to low income population. He acknowledged the difficulties in progress of this
development relating to the developer. He noted there are numerous code violations which for
any other development would be cause for violation notices. That is not the case with this
project. He stressed this is an important piece of property.
Alderman Santi, referencing the last line of Paragraph #4, inquired if the City still has the
right of first refusal regarding the purchase of the boat slips. City Attorney McArdle responded
in the affirmative.
Alderman Santi noted Council must act on this project as to what would be in the best
interest to the City as a whole. He further expressed concern that the value of the project
would diminish once rentals are allowed. He noted having a one-tenth of a percent chance that
this could become low-income rentals is disconcerting. This building is a jewel and should be
maintained as one.
Alderman Glab, referencing Alderman Santi's remarks, stated when Council first
discussed the redevelopment of this site, the intent was the apartment dwellers support the
businesses. If you have high end rentals you have people who will be able to spend money in
the area stores. If it becomes a distressed clientele renting these units, it is not what was
planned and they would not be spending dollars on local businesses.
Alderman Glab stated the agreement provides for the City to have first right of refusal
regarding the sale of boat slips. He requested confirmation from Attorney McArdle regarding
the City's status of first right of refusal. City Attorney McArdle stated if the developer were to
sell the entire project, the right of refusal of the boat slips would not be impacted. The new
owner would be held to that provision and would have to offer the City the right of first refusal
if the boat slip(s) were sold independently.
Alderman Glab expressed his concern regarding the various code violations found on
the subject property. The violations apply to both the residential and commercial portions of
the building. He questioned how the City could acknowledge there are violations, yet allow
both residential and commercial tenants in the building in areas where the violations occur.
r
Attorney McArdle requested from Attorney Cuda that the provision regarding code
violations be waived because there are current violations on the premises. Attorney Cuda
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replied he would not advise his client to waive the provision unless the list of existing violations
is itemized. Attorney Cuda noted the agreement has been circulating since March. He noted he
called the City and was told there were no violations of record.
Mr. Blavvise suggested adding the word "major" be added to Paragraph 12 sub-
paragraph D so that it reads "That there are no major outstanding building code, zoning
ordinance, or any other City of McHenry code violation with respect to or affecting the
Redevelopment Property." City Attorney McArdle stated that would satisfy representations for
tonight's meeting.
In response to Alderman Peterson's inquiry Attorney McArdle stated when condos are
re-platted they become condominiums.
Mayor Low requested Alderman Condon and Alderman Wimmer to amend their motion
to include the addition of the word "major" to Paragraph 12, sub-paragraph D. Both Alderman
Wimmer and Alderman Condon concurred.
Alderman Schaefer, addressing Paragraph 3 on page 2, enforcement, inquired if the
provisions of the covenants would be enforced. City Attorney McArdle responded the lease
would incorporate the enforcement of covenants. Alderman Schaefer requested confirmation
that all proposed amenities would be included in the development of the project. City Attorney
McArdle acknowledged they were included in the agreement.
Alderman Glab inquired what are the common areas of the building?. Mr. Blavvise
responded the lease covers the common area which includes everything outside of the
individual units. Alderman Glab stated if Council does not tighten up the agreement, the City
may be in for some surprises in the future from the developer.
Alderman Glab stated Paragraph #13 on page 5 states the "City hereby consents to the
assignment of the right, title, interest to the redevelopment as amended for the second
developer to the third developer to run with the land, to be filed with the Office of the
McHenry County Recorder of Deeds and be binding upon the parties hereto, their successors
and assigns". He noted the assignment can be made without any input by the City.
Alderman Glab stated he would like to make a motion to amend the motion that this
third amendment be granted to the third developer and be filed in the Office of the McHenry
County Recorder of Deeds within thirty days, and be binding upon the parties hereto in lieu of.
City Attorney McArdle stated he is not sure there is a procedure for that. He is not
aware of one. The proper procedure would to request the maker of the motion amend the
motion to include this language.
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Some discussion occurred regarding the correct procedure to be used for amending an
amendment to a motion.
Attorney McArdle stated it would be up to the maker of the original motion to amend
the motion pending the approval of the person who seconded the original motion.
Mayor Low asked Alderman Condon if she wished to amend her motion as Alderman
Glab has suggested. Alderman Condon stated she is comfortable with her motion.
Alderman Glab requested that the record of the meeting include his request to make a
motion to amend the motion on the floor as previously stated. Alderman Santi stated for the
record he seconded Alderman Glab's motion.
Voting on the Original Motion as follows:
Motion by Condon, seconded by Wimmer, to approve an ordinance authorizing the
Mayor's execution of the Third Amendment to the Redevelopment Agreement for the
Riverwalk Center property located at the former site of the Medical Arts Building, as presented,
subject to the inclusion of the word "major" in Paragraph 12 sub-paragraph Das presented.
Voting Aye: Blake, Wimmer, Peterson, Condon.
Voting Nay: Santi, Glab, Schaefer.
Absent: None.
Motion carried.
Mayor Low stated everyone put forth a lot of effort regarding this matter and all will
respectfully continue to agree or disagree.
MAYOR STATEMENT AND REPORT
Mayor Low reported there were two nice events this past weekend. The Miss McHenry
Pageant was held on Saturday evening and there were eleven contestants. On Sunday, the
Landmark Commission hosted the Day at Petersen Farm. They did an outstanding job and a
great day was enjoyed by all.
Mayor Low reported Council's next meeting is scheduled for Wednesday, July 61n due to
the Independence Day Holiday on Monday, July 4tn
COMMITTEE REPORTS
There were no Committee Reports.
Regular Meeting
Page 13
June 27,2011
STAFF REPORTS
Assistant Administrator Hobson reported the Fireworks Display is scheduled for
Saturday, July 2nd at dusk at Petersen Park. The park will open at 4 p.m. and the band will begin
playing at 6 p.m.
FUTURE AGENDA ITEMS
Alderman Santi inquired if there was confirmation that the June 6th meeting would be
televised on Comcast on Friday July 1st. Assistant Administrator Hobson stated he would be
verifying that fact with Comcast.
ADJOURNMENT
Motion by Condon, seconded by Peterson, to adjourn the meeting at 9:19 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned at 9:19 p.m.
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Mayzr City Clerk