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HomeMy WebLinkAboutMinutes - 12/18/2023 - City CouncilCity Council Meeting Minutes December 18, 2023 Page 1 McHenry City Council Regular Meeting Minutes December 18, 2023 Call to Order The City Council of the City of McHenry, Illinois, met at McHenry City Hall, 333 S Green St, on Monday, December 18, 2023, at 7:00 p.m. Roll Call Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Strach, Alderwoman Bassi, Alderman Koch, Alderwoman Miller, Mayor Jett. Others present: Attorney McArdle, Director of Public Works Wirch, Director of Community Development Polerecky, Finance Director Lynch, Director of Economic Development Martin, Director of Parks and Recreation Hobson, and Chief of Police Birk. Pledge of Allegiance Mayor Jett led those present in the Pledge of Allegiance. Public Hearing Mayor Jett opened the Public Hearing for the 2023 Property Tax Levy at 7:01 p.m. No members of the public wished to comment during the public hearing session. Mayor Jett closed the Public Hearing at 7:01 p.m. 2023 Property Tax Levy Ordinance Alderman McClatchey noted that this property tax levy is flat, and this will not raise the taxes from the City of McHenry for this year. A motion was made by Alderwoman Miller and seconded by Alderman Santi to adopt the 2023 Property Tax Levy Ordinance in an amount not to exceed $3,074,352. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-absent, 0- abstained. Motion carried. Presentations: McHenry Police Department Presentation of Award to McHenry Police – Volunteerism towards Paint It Forward 2023 Justin Leibach, owner of Allegiant Painting, explained that they joined with the PCA (Painting Contractors Association) for a humanitarian painting and clean up event, the largest in North America, on September 22, 2023. Part of that event was to paint the Alexander Leigh Center for Autism. Nine individuals from the Police Department volunteered their off -duty time as part of City Council Meeting Minutes December 18, 2023 Page 2 the event. He presented an award to Chief Birk and the McHenry Police Department in recognition of the type of employees working for the Police Department. Lead Telecommunicator Promotions – Ryan Miller & Kate Wilbur Chief Birk explained that the City runs a regional dispatch center, NERCOM, which is the largest in the County. The center dispatches for sixteen fire and police agencies county -wide. NERCOM is a partnership and was set up to be conservative, but leadership recognized they needed a first- line supervisor on each shift. They developed a plan to create Lead Telecommunicators, who are on-duty supervisors but also are working supervisors. Justin Liebach was the first Lead Telecommunicator. There are four working shifts in NERCOM, and Dexter Barrows was promoted in May of 2019 to fill the second seat. Through fiscal responsibilities, they have now been approved to hire the last two Lead Telecommunicators. Chief Birk introduced the police chiefs from Harvard and Woodstock and thanked them for their support and partnership. Ryan Miller and Kate Wilbur were each called up and introduced and recognized for their promotions. They each had family members pin on their new badges. Chief Birk thanked their family members, the police staff, and friends for coming and supporting the new Lead Telecommunicators. Alderman Glab commented that we used to have unrest in the Police Department, but wanted to thank this new group because the current Police Department has the feeling of a large family that supports each other. Public Comment There were no comments from the members of the public that were present. Consent Agenda A. Motion to approve Ordinances providing for the abatement of Real Estate Taxes for Various Bond Issues totaling $1,215,176.26 as follows: • GO Bonds (Refunding) Series 2020A - $382,200.00 • GO Bonds (Alternate) Series 2012 - $211,062.50 • GO Bonds (Refunding) Series 2013 - $ 37,887.50 • GO Bonds (Refunding) Series 2015 - $584,026.26 B. Motion to pass an Ordinance Amending Title 7, Chapter 4, Section 7, Subsection C of the McHenry City Code related to Downtown Parking Permits C. December 4, 2023 City Council Meeting Minutes D. Issuance of Checks in the amount of $562,703.73 E. As Needed Checks in the amount of $187,878.70 City Council Meeting Minutes December 18, 2023 Page 3 A motion was made by Alderman Koch and seconded by Alderman McClatchey to approve consent agenda items A through E as presented. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-absent, 0-abstained. Motion carried. Individual Action Items Class A Liquor License – The Kraken/4509 W. Elm Street Alderman Glab stated that we do have a lot of empty buildings that need filled, but there comes a time when we have too many bars and liquor establishments in town. Years back we were a party town but now we want to be a community for families. Unless something interesting comes in, he won’t support any more liquor licenses. Alderman McClatchey asked the petitioner when they planned to open if approved and Brandon Barnes, the petitioner, responded that they hope to open in May. A conceptual presentation was shown to the Council and Mr. Barnes spoke through each slide to explain the plan moving forward. He stated that McHenry is much like the town he is from, and he wants to open this type of establishment that would fit in nicely in our suburban area. The property does need a lot of work, both inside and out. The plan would be to open at 6:30 a.m. for coffee and breakfast sandwiches. Many bars in the area open in the afternoon, but he also wants to cater for the morning crowd that could work remotely or relax from his establishment. Alderwoman Miller asked Mr. Barnes if he would still be willing to move forward with the project without video gaming, and he stated that he is committed to the project. Her concern is that he is not local and may not be as accessible living far away. He explained that he does have partners in the area and that they would find a local manager that lives within 10 miles of the City. A motion as made by Alderman Strach and seconded by Alderman McClatchey to approve a Class A liquor license to the Kraken at 4509 W Elm Street, pending the successful completion of a background check and obtaining a local manager within 10 miles of the City of McHenry within 30 days of opening. Roll Call Vote: 6-ayes: Alderman Santi, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 1-nay: Alderman Glab. 0 absent, 0 abstained. Motion carried. Video Gaming License – The Kraken/4509 W Elm Street Alderwoman Miller stated that her concern has nothing to do with the petitioner but rather with his expected absenteeism as an owner. She stated that we hold gaming owners to a high standard, and we have no way to judge how this would work with an owner living far away. She would like the business to prove they are viable for a year to establish a level of credibility with their current business plan. Alderman Santi agreed with Alderwoman Miller. A motion was made by Alderman McClatchey and seconded by Alderman Strach to approve a video gaming license to The Kraken at 4509 W Elm Street. Roll Call Vote: 2-ayes: Alderman McClatchey, Alderman Santi. 5-nays: Alderman Santi, Alderman Glab, Alderwoman Bassi, Alderman Koch, Alderwoman Miller. 0-absent, 0 abstained. Motion failed. City Council Meeting Minutes December 18, 2023 Page 4 Alderman Santi urged the petitioner to apply for gaming again once they have been in business for a year. Whiskey Diablo Economic Incentive Agreement Amendment Mayor Jett explained that Whiskey Diablo has run into issues getting their certificate of occupancy because of unexpected delays in the construction and buildout process of the new restaurant. Multiple Council members voiced their support of extending this agreement because the problems have been caused by no fault of the owner . A motion was made by Alderwoman Miller and seconded by Alderman Santi to approve a second amendment to the Amended Economic Incentive Agreement between the City of McHenry and 1325 Riverside Inc. d/b/a Whiskey Diablo. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller . 0-nays, 0-absent, 0- abstained. Motion carried. Referendum Authorizing Ordinance – Recreation Center Expansion Parks and Recreation Director Bill Hobson stated that this ordinance comes forward after an extensive discussion on the expansion of the Rec Center at the December 4 th meeting. After having an architect review the construction numbers, it is estimated that it will now take $45 million to build the outdoor aquatics center, the indoor aquatics center, and the indoor gymnasium. The proposed gymnasium has been expanded to three courts in order to accommodate the programs and tournaments that our community needs. There would also be an indoor walking track included with the gymnasium. Of the cost increases, the indoor pool construction cost remained the same. The outdoor aquatic center and gymnasium had the big cost increases. Although the total project cost increa sed dramatically, the tax rate is actually lower than in 2017 because of the growth of McHenry and the increase in the EAV. Alderman Glab asked how much was owed on the bonds for the current Rec Center, and Finance Director Lynch stated that it is about $1.7 million and that is to be paid off in 2035. It is not feasible to pay those bonds off early because bonds do not work like a loan. Alderwoman Bassi asked how many members we have at the Rec Center and how many are residents. Director Hobson stated that we have about 1239 members, of which about 75% are residents. A long discussion was had regarding the number of residents using the facility, the estimated number of residents that may use it once it is expanded, and what the membership fees would be if approved. Director Hobson estimated that we could accommodate about 1,000 people in one day with the new facility, assuming the outdoor aquatics center is included. City Administrator Derik Morefield reminded the Council that our current outdoor pool is nearing the end of its life, and a decision will have to be made soon about replacing that facility even if this proposed expansion is voted down. Alderman Santi asked about what it would take to educate the residents and voters on the issue. Open houses and presentations to many organizations would be held. Alderman Glab stated that he is not comfortable taking this for a vote without having more information to give our residents. He would also rather wait until a City Council Meeting Minutes December 18, 2023 Page 5 general election to get a better voter turnout. Alderwoman Miller stated that we live in a different world now since we last tried the referendum because COVID has taught us that we can communicate better to get the word out and educate our public. She does not want to wait because costs are increasing, and this is already goi ng to be a long project if approved. Alderman Strach stated that he feels rushed and is not ready to take this to the voters at this time. He is concerned that we will be taxing residents for a new project while we still have infrastructure that needs to be taken care of. Alderman Koch stated he values water, sewer, roads, and the parks, but those aren’t being properly maintained at this time. He isn’t necessarily against this project but wants to wait until the November election. Alderman McClatchey said that on all of our surveys the indoor pool is the number one thing people want. He wants to put this on the ballot to see if this is what people really want. Council debated the costs of decommissioning the current outdoor pool and what would become of that facility if this moved forward. A motion as made by Alderwoman Miller and seconded by Alderman McClatchey to execute an Authorizing Ordinance to place a binding referendum question of public policy on the ballot for the March 19, 2024 General Election and that the ordinance be submitted to the McHenry County Clerk no later than January 2, 2024. Roll Call Vote: 3-ayes: Santi, McClatchey, Miller. 4- nays: Glab, Bassi, Strach, Koch. 0-abstain, 0-absent. Motion failed. Discussion Item Agenda Amendments to McHenry City Code Regarding Video Gaming Mayor Jett explained that he brought this issue to Attorney McArdle for guidance on defining Video Gaming Cafes. If Council doesn’t want more cafés, and if those can be defined, then we can stop those applications and simplify the process. Alderwoman Miller asked Deputy Clerk Johnson if this ordinance would help him sort through the applications. He stated that an ordinance like this would enable him to stop those businesses from coming forward that Council does not want. There are two businesses that are proposing establishments, and if this ordinance is passed, he can stop the process from moving forward and save the businesses, Staff, and Council time. He did state that one concern of his is the way the ordinance currently reads. The proposed ordinance states that if an existing gaming café is closed for more than 30 days, then they would lose their license and go out of business. Although he is not part of the Finance Department, he is concerned with the City losing any gaming revenue. The City has been fortunate to keep the tax levy flat, but gaming is on pace to bring in nearly $1 million this year. The tax levy that was just passed is only $3 million. Gaming cafes that transfer owners are shut down for longer than 30 days, and one current café brings the City nearly $80,000 a year. Council has allowed the change of ownership in the past, and current members agreed that they do not have a problem with existing cafes remaining in business. All Council members agreed that the language to the proposed ordinance should be changed. City Council Meeting Minutes December 18, 2023 Page 6 Alderman Strach pointed out that in the definition of a Video Gaming Café, we use the term “commercial kitchen”. There is no definition of a commercial kitchen, however. Mr. Johnson pointed out that many parts of the ordinance are subjective, which can be both good and bad. The bad part is that we don’t have definitions for commercial kitchens, so there aren’t necessarily any strict guidelines to go by. But the ordinance does read that those factors “may be considered” when defining a café. It would be up to the Local Liquor Control Commissioner, which is the Mayor, to make that determination. One of the good things about having subjective definitions is that there are some establishments that most would agree aren’t cafes but may be defined as a café by certain parts of the ordinance. One good example is Ye Olde Corner Tap. Mr. Johnson stated that most would agree that it is not a café, but rather a well-established bar that has been in existence for a long time. They have made great strides in improving their facility and continue to be a viable business on Main Street. But going by many definitions of the ordinance, they would fit in as a gaming café. The subjective part allows us to recognize them as a bar. Mayor Jett stated that he and the Deputy Clerk would have a good handle on what those cafes would be. Mr. Johnson also stated that we have many Staff members who work together and as a group we can make a good determination on those cafes moving forward. A motion was made by Alderman McClatchey and seconded by Alderwoman Bassi to pass an Ordinance Amending Title 4, Chapter 2, Section 4-6-1 (Definitions) and Title 4, Chapter 6, Section 4 -6-4 (Limitations of Establishments and Terminals) of the McHenry City Code, and by omitting Section 2 of the ordinance as presented. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller . 0-nays, 0-absent, 0-abstained. Motion carried. Staff Reports Director Polerecky thanked everybody that came to the evening sessions of public input for the Comprehensive Plan. The next step is to have a joint meeting with Council and the Planning & Zoning Commission to set goals and objectives. Staff has recommended a date of February 21st for that meeting. He will send an email to Council to get a sense of how many people could attend on that date. Mayor’s Report Mayor Jett had nothing to report. City Council Comment Alderman Glab stated that he has received feedback from constituents that they have put in requests that the City won’t handle because they may be an unreasonable request. Alderman Glab suggests that Staff contact that Alderperson in that Ward to let them know that the request was denied so they have a heads up about the s ituation before they are contacted by the constituent. Public Works Director Steve Wirch stated that all residents receive a response to all requests. City Council Meeting Minutes December 18, 2023 Page 7 Alderman Koch reported that he has a couple of people complaining that West Beach Park looks “icky”. He wants to know if it can be cleaned up more. They also want a parking lot and piers for fishing. Alderman Koch told the residents we had porta potties and picnic tables, but they want to see more improvements. Alderman Strach stated that he loves the fact that somebody wants piers, but he wants somebody to raise the taxes so that we can pay for them. Alderwoman Miller thanked Staff for inviting Council to the Employee Christmas Party. She also commended the Parks Department for their work on the Christmas decorations. Alderman Glab extended a “Merry Christmas” to all present at the meeting. Adjournment A motion was made by Alderwoman Bassi and seconded by Alderman Strach to adjourn the meeting at 9:06 p.m. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller . 0-nays, 0-absent, 0-abstained. Motion carried. Mayor Wayne Jett Deputy Clerk Monte Johnson _________________________________ ________________________________