HomeMy WebLinkAboutMinutes - 07/19/2021 - City CouncilCity Council
Meeting Minutes
July 19, 2021
Page 1
McHenry City Council
Regular Meeting Minutes
July 19, 2021
Call to Order
The City Council of the City of McHenry, Illinois, met in regular session on Monday, July 19, 2021,
at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL.
Roll Call
Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Santi, Alderman Glab,
Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman
Miller, Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Director of
Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch,
Director of Parks and Recreation Hobson, Director of Economic Development Martin, and Chief
of Police Birk.
Pledge of Allegiance
Mayor Jett lead those present in the Pledge of Allegiance.
Public Comment
Mayor Jett asked if there were any comments from the public in attendance. One member of
the public thanked the City for handling a problem that had previously been brought forward.
She also stated that the City should look into changing the dog laws in McHenry, and gave reasons
and examples of how dogs can be dangerous. Another member of the public asked if the City
could look into the development of the old savings bank property on Green Street. He also
brought up a safety issue of the three parking spots near the record shop on the corner of Main
Street and Route 31.
Consent Agenda
Motion to Approve the Following Consent Agenda Items:
A.Authorize and ratify all action setting a Public Hearing for August 2, 2021 on the proposed
establishment of Special Service Area No. 12 for proposed Lots 1 and 2 of the Authentix
Subdivision in McHenry
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Meeting Minutes
July 19, 2021
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B. Authorize the City Administrator to execute a Consent to Transfer of Contract for the
Collection of Refuse, Recyclable Material and Yard Waste between the City of McHenry
and Prairieland Disposal, Inc. dated August 1, 2017
C. Ordinance amending Title 10, Chapter 22, Section 10‐22‐4: Landmark Commission –
reducing the membership of the Landmark Commission from twelve (12 to nine (9)
D. Ordinance amending Title 7: Motor Vehicles and Traffic; Chapter 4: Parking Regulations,
Section 7‐4‐7: Permit Parking Only, of the McHenry City Code
E. Award of contract in the amount of $62,674.00 to Christopher B. Burke Engineering
Services for the Knox Park Parking Lot Rehabilitation Project
F. Block Party Requests on August 21 for Jennifer Lane and July 25 for Washington Street
G. Parks & Recreation Facilities & Special Use permit requests
H. June 21, 2021 City Council Meeting Minutes
I. Issuance of Checks in the amount of $770,106.06
J. Issuance of As Needed Checks in the amount of $1,673,240.88
Alderman Glab asked that items C, D, and E be pulled from the consent agenda. A motion was
made by Alderman Strach and seconded by Alderman McClatchey to approve consent agenda
items A, B, and F‐J as presented. Roll Call: Vote: 7‐ayes: Alderman Strach, Alderman McClatchey,
Alderman Santi, Alderman Glab, Alderman Harding, Alderman Devine, Alderwoman Miller. 0‐
nays, 0‐abstained. Motion carried.
Ordinance amending Title 10, Chapter 22, Section 10‐22‐4: Landmark Commission –
reducing the membership of the Landmark Commission from twelve (12) to nine (9)
Alderman Glab stated he would like to keep the number of board members at 12 so that we don’t
have to turn away people who may want to volunteer for the board, but would like to lower the
number required for a quorum. Attorney McArdle explained that the City can’t pick what number
we want for a quorum, as it is legally based on the size of the board. A motion was made by
Alderwoman Miller and seconded by Alderman Harding to pass an Ordinance amending Title
10, Chapter 22, Section 10‐22‐4: Landmark Commission – reducing the membership of the
Landmark Commission from twelve (12) to nine (9). Roll Call: Vote: 7‐ayes: Alderwoman Miller,
Alderman Harding, Alderman Devine, Alderman Strach, Alderman McClatchey, Alderman Glab,
Alderman Santi. 0‐nays, 0‐abstained. Motion carried.
Ordinance amending Title 7: Motor Vehicles and Traffic; Chapter 4: Parking Regulations,
Section 7‐4‐7: Permit Parking Only, of the McHenry City Code
Alderman Glab would like to consider charging more for the parking permits as the City is
spending a lot of money to fix the parking lots. Chief John Birk explained that we charge $60 per
year for the residents to give them an exemption to park overnight. Businesses have a problem
with parking spots for their employees, and charging them a smaller fee can encourage
businesses and employees to utilize those parking lots instead of taking the prime spaces.
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July 19, 2021
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Alderwoman Miller suggested that we educate the business owners, and Mayor Jett explained
that if the ordinance is passed, we will talk to business owners about this opportunity with our
parking plan. A motion was made by Alderman Santi and seconded by Alderman McClatchey to
pass an Ordinance amending Title 7: Motor Vehicles and Traffic; Chapter 4: Parking
Regulations, Section 7‐4‐7: Permit Parking Only, of the McHenry City Code. Roll Call Vote: 6‐
ayes: Alderman Santi, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman
Devine, Alderwoman Miller. 1‐nay: Alderman Glab. 0‐nays, 0‐abstained. Motion carried.
Award of contract in the amount of $62,674.00 to Christopher B. Burke Engineering
Services for the Knox Park Parking Lot Rehabilitation Project
Alderman Glab is concerned about using general fund dollars for this project. He questioned why
the park impact fee is not being used for the resurfacing. Director Bill Hobson explained that
park impact fees are not used for maintenance, and those are reserved for new recreational
opportunities. A motion was made by Alderman Santi and seconded by Alderman Strach to
award of contract in the amount of $62,674.00 to Christopher B. Burke Engineering Services for
the Knox Park Parking Lot Rehabilitation Project. Roll Call Vote: 6‐ayes: Alderman Santi,
Alderman Strach, Alderwoman Miller, Alderman Devine, Alderman Harding, Alderman
McClatchey. 1‐nay: Alderman Glab. 0‐abstained. Motion carried.
Individual Action Item Agenda
Motion to approve an Economic Incentive Agreement between the City of McHenry and
Advance Management LLC in an amount not to exceed $1,500,000.00
Director Martin explained that Advance Real Estate Management is the owner/management
company of the current shopping center that is home to Kohl’s, Aldi, and Michaels, amongst
others. The agreement is designed to provide assistance in completing substantial improvements
to the center which, in turn, will assist in the ability to attract and retain tenants. The agreement
is for a sales tax rebate over a 20‐year term with a maximum rebate capped at $1,500,000.
Alderman Strach noted that Exhibit C had a line item for improvements. He asked Doug Vitale
from Advance Management if they could share a specific list of what those proposed
improvements involved. Mr. Vitale explained that they would gut the spaces for occupants, fix
electrical, light fixtures, floor coverings, and white boxing the space. Attorney McArdle suggested
that a list of specifications with a scope and budgeted cost breakdown be attached to the
agreement.
Alderman Glab questioned how we get the figures for the sales tax, and Director Carolyn Lynch
explained that we have access to the sales tax figures directly from the State of Illinois
Department of Revenue. Alderman Glab questioned the condition of the parking lot, asked how
it got in such bad shape, and asked about our ordinances that would require those to be kept in
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July 19, 2021
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better condition. A motion was made by Alderman Strach and seconded by Alderwoman Miller
to approve an Economic Incentive Agreement between the City of McHenry and Advance
Management LLC in an amount not to exceed $1,500,000.00 subject to the condition that the
specifications of the landlord work scope and budgeted cost breakdown be included and
attached to the agreement. Roll Call Vote: 6‐ayes: Alderman Strach, Alderwoman Miller,
Alderman Santi, Alderman McClatchey, Alderman Harding, Alderman Devine. 1‐nay: Alderman
Glab. 0‐nays, 0‐abstained. Motion carried.
Motion to grant a Fence Variance to Munson Ski and Marine located at 3112 W. Lincoln
Road, to allow a 5’ front yard setback in lieu of the required 30’ front yard setback
Director Polerecky explained that Munson Ski and Marine is in full construction. They are looking
to expand and are requesting a five‐foot setback for security purposes. Alderman Glab stated
that this is a win‐win situation and this should bring more exposure to Munson. Alderman Santi
explained that you can drive across the Pearl Street bridge to Lincoln Road and see significant
improvement in the area. He asked if the City receives any sales tax on boat rentals and Director
Polerecky stated that the City will get taxes on the boat sales. A motion was made by Alderman
McClatchey and seconded by Alderman Glab to grant a Fence Variance to Munson Ski and
Marine located at 3112 W. Lincoln Road, to allow a 5’ front yard setback in lieu of the required
30’ front yard setback. Roll Call Vote: 6‐ayes: Alderman McClatchey, Alderman Glab, Alderman
Devine, Alderman Strach, Alderman Harding, Alderman Santi. 1‐nay: Alderwoman Miller. 0‐nays,
0‐abstained. Motion carried.
Motion to approve an Ordinance granting approval of various Text Amendments to the
Zoning Ordinance and Subdivision Control Ordinance
City Planner Cody Sheriff explained that the ordinance will amend three different parts of the
zoning ordinance. The first section amends the Adult Use Cannabis ordinance as the ability for
the City to license dispensaries would not be allowed by the State. The City is required to regulate
cannabis through zoning regulations, so the C‐3/C‐5 zoned properties that are adjacent to a State
Highway will be the locations allowed.
The second section being amended deals with residential screen strip design standards. The
proposed changes would eliminate the requirement that privacy fences must be located interior
to landscaping. Staff has run into issues with certain lot configurations that would make
maintenance of said screened areas complicated. Staff is proposing to eliminate the placement
provision to allow staff to work with business owners to place screening in areas that make logical
sense.
The third section being amended deals with the submission of preliminary and final plats for
simultaneous review. The City of McHenry Subdivision and Control Ordinance does not allow for
simultaneous review of preliminary and final plat of subdivisions unless certain parameters are
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July 19, 2021
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met. Staff has recommended developers in past developments apply for a variation from the
review process to allow for simultaneous review. Staff is proposing to eliminate this section
entirely and replace with new language. The new proposed language would eliminate the
standards to determine if a project qualifies to go through a simultaneous review process and
replace with language that would allow the Zoning Administrator the ability to determine on a
case‐by‐case basis what process would be most appropriate.
Alderman Santi asked if there could be cannabis locations approved on Route 120 all the way to
Chapel Hill Road. Mr. Sheriff explained that there are only a couple of parcels that are eligible
that far to the east, but he expects these type of businesses to apply for a high traffic commercial
area. Alderman Glab stated that we are now changing an ordinance that we didn’t follow a
couple of meetings ago, which shows we are making a correction after the fact. He also wonders
if we are having staff do more and not have the Council approve as many decisions. A motion
was made by Alderman Strach and seconded by Alderman Harding to approve an Ordinance
granting approval of various Text Amendments to the Zoning Ordinance and Subdivision
Control Ordinance. Roll Call Vote: 7‐ayes: Alderman Strach, Alderman Harding, Alderman Santi,
Alderman Glab, Alderman McClatchey, Alderman Devine, Alderwoman Miller. 0‐nay, 0‐
abstained. Motion carried.
Motion to deny an Ordinance granting approval of a Use Variation to allow a single‐
family residence at 4805 W. Elm Street.
Director Polerecky explained that the petitioner is requesting approval of a Use Variation to allow
a Single‐Family Residence in conjunction with a computer repair shop in the C‐5 Highway
Commercial District at 4805 W. Elm Street. The City’s Comprehensive Plan and Development
Policies recommend small residential lots on IL‐120 be consolidated with adjacent commercial
lots to allow for more productive use. The Planning & Zoning Commission unanimously
recommended denial of the petitioner’s request.
Alderman Glab stated that if we had planned commercial growth in the next five to eight years
then we may want to consider denying the request. There is no foreseeable plan for this property,
this would help out a business, and if the residence was located on the second floor, this would
not be an issue. Alderwoman Miller spoke to the bigger picture of conformity and non‐
conformity, and although she has no issues with the petitioner, she would rather keep that
property in compliance. Alderman Strach explained that he and the City Planner have had
discussions on these type of issues for some time, and can see both points on this request. He
brought up a big question of the potential growth, the potential development, and if the area
should be re‐zoned in the future.
Mayor Jett asked if the public had any comment on the issue. One member of the public stated
that in the past there was a business with somebody living in the house, and she had no problem
with that. She believes the same can be done with the new business. Another member of the
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July 19, 2021
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public remembers stories of how somebody grew their business on Riverside by living above the
shop. He understands conformity but believes having this a residence and a business can keep
the business going.
Alderman Glab suggested giving them the variance but for a limited number of years in case
commercial growth picked up. Then the issue could be looked at again in the future. Alderman
Santi explained that we have a tough decision to make but we are here to make tough decisions.
He pointed out that similar requests have been denied in the past for businesses on Route 120.
Alderwoman Miller does not believe in going against the Planning & Zoning Board’s
recommendation because they did their job as a board. The big issue is that some of these
properties may be zoned improperly for how the City now looks. Alderman Glab stated that
sometimes you need to use common sense and logic and not just go by the book. A motion was
made by Alderwoman Miller and seconded by Alderman Devine to deny an Ordinance granting
approval of a Use Variation to allow a single‐family residence at 4805 W. Elm Street. Roll Call
Vote: 4‐ayes: Alderwoman Miller, Alderman Devine, Alderman Santi, Alderman McClatchey. 2‐
nays: Alderman Glab, Alderman Harding. 1‐abstain: Alderman Strach. Motion carried.
Motion to approve an Ordinance for a Use Variation to allow an open sales lot for
automobile sales at 4502 W. Crystal Lake Road
Director Polerecky explained that the petitioner is requesting approval of a Use Variance to allow
an Open Sales Lot for the operation of a used car dealership. Several conditions of approval have
been added to address various concerns. Aldermen McClatchey and Devine are not against the
business but do not like this location. Alderman Glab does not think this business serves as a
neighborhood business, and is concerned about traffic and fire safety.
Kevin Naleck, the owner, was present to answer questions. He explained that there would be no
balloons or typical car dealer style signage as he relies on internet marketing for his business. He
is using this location as a sales office. There would be no car repairs, oil changes, or car washes.
It is expected that there might be 15 cars in the back lot and 15 cars in the indoor showroom.
Sales are done by appointment only. Sales were just north of $500,000 last year, and he is on
track to sell 200‐250 cars this year. Director Lynch explained that the City would get the sales tax
from the vehicle sales.
Mayor Jett asked if there were members of the public that wanted to make a comment. Four
members of the public spoke out against the location for this business.
A motion was made by Alderman Strach and seconded by Alderman Santi to approve an
Ordinance for a Use Variation to allow an open sales lot for automobile sales at 4502 W. Crystal
Lake Road. Roll Call Vote: 3‐ayes: Alderman Strach, Alderman Santi, Alderman Devine. 4‐nays:
Alderwoman Miller, Alderman Harding Alderman McClatchey, Alderman Glab. Motion denied.
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July 19, 2021
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Executive Session
A motion was made by Alderman Santi and seconded by Alderman Strach to adjourn to
executive session at 8:38 p.m. to discuss property acquisition (5 ILCS 120/2(c)(5).). Roll Call
Vote: 7‐ayes: Alderman Strach, Alderman McClatchey, Alderman Santi, Alderman Glab, Alderman
Harding, Alderman Devine, Alderwoman Miller. 0‐nays, 0‐abstained. Motion carried.
Mayor Jett reconvened the meeting from executive session at 9:20 p.m. A roll call was taken.
Members present: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding,
Alderman Strach, Alderman Devine, Alderwoman Miller, Mayor Jett.
Staff Reports
Director Bill Hobson thanked the Chamber of Commerce and all of the volunteers for the help
with Fiesta Days. There will be a wrap‐up meeting with the Chamber and the Police Department
for comments to help move forward with planning for next year.
City Council Comment
Alderman McClatchey stated that everybody should be proud of what they do for Fiesta Days.
He thanked the staff, Council, and all of the volunteers. Alderman Strach asked about starting
conversations for planning updates. It was explained that the City will be looking into a new City‐
wide comprehensive plan in the near future. Alderwoman Miller stated that our zoning districts
do not fit our current environment, and she would like to see some new descriptions and new
districts. Staff explained that zoning district changes are another thing that is being planned for.
Adjournment
A motion was made by Alderman McClatchey and seconded by Alderman Santi to adjourn the
meeting at 9:27 p.m. Roll call Vote: 7‐ayes: Alderman McClatchey, Alderman Santi, Alderman
Glab, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0‐nays, 0‐
abstained. Motion carried.
Mayor Wayne Jett Deputy Clerk Monte Johnson
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