HomeMy WebLinkAboutMinutes - 3/3/2025 - City Council City Council Meeting Minutes March 3,2025 Page 1 M(' � �� McHenry City Council Regular Meeting Minutes March 3, 2025 Call to Order The City Council of the City of McHenry, Illinois, met on Monday, March 3, 2025, at 7:00 p.m. at McHenry City Hall, 333 S. Green Street, McHenry, IL. Roll Call Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderwoman Miller, Alderman Koch, Mayor Jett. Members absent: Alderman Santi. Public Comment There was no public comment from any members of the public present. ConsentAgenda A. Resolution Authorizing the Deputy Clerk to Update the Official Zoning Map and to Publish � a Notice of the Zoning Map Update B. Execution of a five-year agreement with Eccezion for auditing services for a total cost of $304,185 C. Pass an ordinance Amending Section 4-2-6, License Ciassification and Fees; Approval Authority; Limitation on Number of Licenses; and Section 4-6-8, Subsection A— Number of Licenses, of the McHenry City Code D. Parks & Recreation Facilities & Special Use Permit Requests E. February 18, 2025 City Council Meeting Minutes F. Issuance of Checks in the amount of$198,220.65 A motion was made by Alderman McClatchey and seconded by Alderman Koch to approve the consent agenda items as presented. Roll call vote: 6-ayes: Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderwoman Miller, Alderman Koch. 1-absent: Alderman Santi. Motion carried. �. �':v city co�nci� Meeting Minutes _ March 3,2025 Page 2 � � Individual Action Items ShamRocks the Fox Temporary Use Permits Director Polerecky explained that some downtown businesses are making plans for serving alcohol and having outdoor music outside of the normal business hours for ShamRocks the Fox. Although Staff does not want to stop businesses from making fun plans for the event, we want to document their plans so we can ensure safety for everybody at the event. Chief Birk stated that the open carry times for alcohol are limited for safety reasons. The open carry of alcohol ends at 6:00 p.m.to give everybody time to clear off the streets before it gets dark outside. Staff recommends limiting the outside sales of alcohol to the same 6:00 p.m.time frame to keep things consistent, safe, and easy to enforce. The Courthouse already has a liquor license that allows them to serve alcohol in their enclosed outdoor space. Foxhole and Toast and Roast are different, as they don't have existing setups for the sale of alcohol in an enclosed area. Staff recommends stopping the sale of alcohol at 6:00 p.m. for those locations so that they match the permitted open carry time. A motion was made by Alderwoman Miller and seconded by Alderman McClatchey to approve the ShamRocks the Fox Temporary Use Permits as presented,excluding the Salerno's application. Alderman Glab asked for clarification on the motion and how late they were allowed to serve alcohol. Director Polerecky explained that Foxhole does not have an outdoor patio or fencing to serve outdoors, so their setup would be temporary. Only the Courthouse would have permission ''� to serve past 6:00 p.m. Alderman Glab stated that he would rather everything be limited to 6:00 p.m. He also doesn't want amplified music late, and it should er�d maybe at 8:00 p.m. Alderwoman Bassi said that the Foxhole application lists 9:00 a.m. to 2:00 a.m. She wanted to make sue we weren't approving that. City Administrator Ostrovsky recommended that Council go through each application and discuss them one at a time so that all Council members understood what is being requested and voted on. Director Polerecky explained that Foxhole is only asking for 10:00 a.m. to 10:00 p.m. for March 15th and for the outdoor festivities. They are allowed to be inside until 2:00 a.m. Alderman Davis suggested that except for the Courthouse, we should stay consistent and make it easier for the Police to regulate. Alderwoman Miller explained that she made the motion for approving Foxhole's request because they are going through the expense of setting up a tent, porta-potties, and they are spending money to try and make money. She thinks 10:00 p.m. is reasonable, and we need to support the business community. Alderman Glab responded that they are making a business decision, but we need to make a decision for what is best for the community.Alderman Glab asked what approval the Courthouse has for playing music. Director Polerecky explained that their approval falls between May and October, so they have no approval for special outdoor music during this time frame. Chief Birk explained that businesses can serve indoors until 2:00 a.m. Foxhole can still serve in the basement until 2:00 a.m., but he needs direction for what time they should stop outdoors. The Courthouse has an outdoor bar and patio,and that is their everyday business.As long as they � City Council Meeting Minutes March 3,2025 Page 3 M(' _ _ enr � stay within their footprint, they can continue to serve later. He also needs clarification for Toast and Roast.They can still serve on the deck as that is part of their normal operations and business plan. For sidewalk sales,they gave everybody a 15-minute warning so people could get out of the right-of-way and be done outside. Chief Birk is asking for consistency to make it safe and easy to enforce. Alderman Davis asked how long the Courthouse is allowed to play music when they do have their special permission, and Director Polerecky stated 11:00 p.m. Alderman Koch pointed out that daylight savings is coming up and we should have an extra hour of daylight.Alderwoman Miller had two comments to make.She first stated that Miller Point is serving alcohol and playing music until 11:00 p.m. Therefore, if we shut down outdoor music early, those people will be migrating to Miller Point, which still has them walking outside and on the roads. Second, she reflected on last year when the downtown businesses claimed the ShamRocks weekend was their highest grossing sales of the year. She wants to support the downtown businesses that are making an effort to make the event even better. She believes at 6:00 p.m. that not everybody wants to eat walkable food. Many would be looking for restaurants, and closing the events at 6:00 p.m. is too early. Alderwoman Bassi asked Chief Birk what his recommendation would be if he was sitting in their chairs. He explained that the Police Department is concerned primarily with safety. Staff originally suggested that these outdoor events close at 6:00 p.m. to coincide with the ending of the open carry hours.This would make it easier to control and easier to keep people out of traffic when it is getting darker at night. Council members agreed to vote on each separate business to �.. make it clear what the direction of the Council is. Alderwoman Miller withdrew her original motion, and Alderman McClatchey withdrew his second to the motion. A motion was made by Alderman McClatchey and seconded by Alderman Davis to approve a Temporary Use Permit for Foxhole Pizza and Pub on March 15, 2025, for allowing outdoor sales of liquor until 6:00 p.m. and outdoor music until 7:00 p.m. Roll cafl vote: 5-ayes: Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch. 1:nay-Alderwoman Miller. 1-absent: Alderman Santi. Motion carried. A motion was made by Alderman Davis and seconded by Alderwoman Miler to approve a Temporary Use Permit for The Courthouse Tavern on March 15, 2025,for allowing outdoor sales of liquor until 2:00 a.m. and outdoor music until 7:00 p.m. Roll call vote: 6-ayes: Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 1-absent: Alderman Santi. Motion carried. A motion was made by Alderman McClatchey and seconded by Alderman Davis to approve a Temporary Use Permit for Toast and Roast on March 14-16, 2025, for allowing outdoor sales of liquor until 2:00 a.m. and outdoor music until 7:00 p.m. Roll call vote: 6-ayes: Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 1-absent: Alderman Santi. Motion carried. � J""v City Council ` Meeting Minutes _ March 3,2025 Page4 M� e_nr� -� .� Chief Birk explained the details of the Salerno's Pizza Special Use Liquor Permit.This permit works the same way that businesses are able to sell liquor at Veterans Park on Thursday nights. An existing licensed retailer is allowed to transfer the alcoholic beverages from an existing licensed retail premise to a designated site for a special event. Salerno's holds a Class A liquor license at another location, and they have a permit to sell liquor at the Riverside location. It was noted that Salerno's also owns the property on Riverside Drive where they would be selling liquor.Alderman Glab stated that he can't behind this permit. He stated that this is a time for liquor establishments in the downtown, and we shouldn't be bringing in competition from outside of the area. Mayor Jett disagreed, and he explained that Salerno's is looking to open up their Riverside business in the near future, and they want to get involved in the downtown area. They are investing a lot of money in the building. They have tried to lease that property but have had troubles with a proposed tenant. They own two properties in the City, want to open up in that area, and are trying to open a restaurant in that building. Alderman Davis stated that he wants to keep it consistent, and since he owns the business, is fine with the request. A motion was made by Alderman Davis and seconded by Alderwoman Miller to approve a Temporary Use Permit for Salerno's Pizzeria & R Bar on March 14-16, 2025, for allowing outdoor sales of liquor until 6:00 p.m. and outdoor music until 7:00 p.m. Roll call vote: 4-ayes: Alderwoman Miller,Alderwoman Bassi,Alderman Davis,Alderman Koch. 2:nays-Alderman Glab, Alderman McClatchey. 1-absent: Alderman Santi. Motion carried. � McHenry Senior Commons Development Director Polerecky explained that this development was approved in April of 2022 for an age restricted, income-based property. The funding was not received their first couple of years, so the development was put on hold and a development agreement did not come before Council. The funding has now been received for 2025. Alderman Glab noted that the packet states the impact fees are reduced. Director Polerecky explained that it isn't a reduction, but instead follows the fees of past developments we have done. The EPA uses 100 gallons of water a day for their calculation. It has been proven that the actual numbers are 30-40 gallons a day. The EPA hasn't updated their standards, so we require the developer to submit actual bills from a similar development. We can then calculate their capital development fees off of actual usage instead of an inaccurate, arbitrary number from the EPA. We have done that same methodology for other recent developments, such as Authentix, Redwood, and Tayor Place. Sarah Beck of Bear Development was present to discuss the development. She explained that these would be age restricted to 62 or older. They are financed via a low-income housing tax credit. This is different than Section 8. The tax credit is used to subsidize the development. The rents would range from $600, $1,100, or $1,300 a month depending on the income. Alderman McClatchey asked about the parking situation. Director Polerecky explained that right now there are 1.5 spaces per unit, which is high for a senior development. This should allow extra spaces for staff and visitors to park. Alderman Glab stated that we should look into the future because � City Council � Meeting Minutes March 3,2025 Page 5 � �. some of these senior developments may disappear as older people pass away. This could turn into a different type of living space instead of a senior development, and then there may not be enough parking spaces. He aiso stated that we should not change the impact fees for the development. Alderwoman Bassi asked if the development fees are only being reduced for water and sewer, and not the schools, parks, library, and fire department. Director Polerecky stated that this was correct,and the water and sewer fees are lower because of engineering calculations on exact usage. If actual usage increased, the City has the right to reevaluate the rate. Alderwoman Bassi asked how long it would take for the apartments to be completed once breaking ground. Ms. Beck stated that they hope to break ground in April, and it would be a 14- month long construction process. They also expect to have the leases full within the first month on the market. These will be in high demand. Rents are also expected to increase annually, with an estimated 3% increase each year. Alderman Glab continued to argue against the reduced water and sewer contribution rates. He argued that it doesn't matter how much water or sewer is being used, because those lines will eventually wear out regardless. Finance Director Lynch and Acting Public Works Director Adams both explained that the capital development fees are set aside for expansion and not for fixing the existing lines. Director Polerecky noted that the larger water line is required because of the fire expression system and not for the large water usage by tenants. Ms. Beck stated that they are excited for the development and to be part of the community. They own the land that the VA clinic sits on and want to be a long-term partner with the City, as they don't sell their properties. � A motion was made by Alderwoman Miller and seconded by Alderman Koch to pass an Ordinance Authorizing the Mayors Execution of a Devefopment Agreement with McHenry Senior LLC for the McHenry Senior Commons Multifamily Development, and pass an Ordinance Authorizing the Release of Memorandums of Understanding and Approving the Vacation and Granting of Easements for the Final Plat of Justen Funeral Home Resubdivision. Roll call vote: 4-ayes: Alderwoman Bassi,Alderman Davis,Alderwoman Miller,Alderman Koch. 2-nays:Alderman Glab, Alderman McClatchey. 1-absent: Alderman Santi. Motion carried. Chick-Fil-A Sign Variance Director Polerecky reported that Staff has been working for years with U-Haul to create an outlot. Chick-Fil-A is ready to break ground next month and has submitted their sign package. Similar variances have been issued to McDonald's and Starbucks, among others. Alderman Glab stated that we have sign ordinances created just to make sure something bizarre doesn't come forward. He believes that they aren't asking for anything not out of the norm for their company, and he has no problems with this request. A motion was made by Alderman Glab and seconded by Alderman McClatchey to pass an Ordinance Granting a Sign Variance for Chick-Fil-A, 1911 N Richmond Road,for two additional wall signs, not to exceed four wall signs with a combined total of 150 sq/ft, and a variance to allow one free-standing sign no greater than 15 feet in height with a total of 80 sq/ft in area. Roll call vote: 6-ayes: Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 1-absent: Alderman Santi. Motion carried. � 1 City Council Meeting Minutes — March 3,2025 Page 6 � '� Main Street Light Replacement Director Hobson explained that replacing the lights on Main Street came from a significant discussion for our community investment plan, and this has now come to the forefront. The replacement of poles on Main Street are in dire need.This item was intended to be placed in the FY25-26 investment plan, but the political climate now requires us to move forward due to the impending tariffs. If the 25% tariffs go into place tomorrow as expected, the cost of the poles could cost the City an extra $34,000. This is a good opportunity to save the City money on the project. Alderwoman Bassi asked that if the tariffs go in tomorrow, would we still see the cost saving by approving it tonight. Director Hobson stated that he will sign the approval and send it to the company tonight, and any tariff increase would not be passed on to the City. Alderman Glab suggested that the motion state the price so that the City would not be on the hook for any increases after the fact. A motion was made by Alderman McClatchey and seconded by Alderwoman Miller to approve the purchase of light poles and light heads from Northwest Electric for the replacement of the lights on Main Street, and to approve a budget amendment to the Capital Needs and Replacement Fund,for an amount not to exceed$137,000. Roll call vote: 6-ayes: Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 1-absent: Alderman Santi. Motion carried. ''� Staff Reports Chief Birk asked for further clarification regarding the ShamRocks the Fox permits. He wanted to make sure the Council was in favor of stopping the sale of alcohol at 6:00 p.m.,and letting people consume until 7:00 p.m. when the music was to stop.This would make sure we aren't offending residents, letting them enjoy themselves, and have things flow smoothly. They would still need to remain in the footprint until 7:00 p.m. as the open carry time stops at 6:00 p.m. Council members agreed, and Alderman Glab suggested that cooperation goes both ways. Deputy Clerk Johnson apologized to the Council and to Alderman Koch specifically for his smart aleck comment made earlier in the meeting as his tone and comments were not professional. Council Comments Alderman Koch thanked Acting Director Adams for putting up the pedestrian lights on the Crystal Lake blacktop.Alderman Glab asked Director Lynch if the City is receiving the road and bridge tax as we should from both townships. Administrator Ostrovsky explained that we haven't looked into that recently, and an update will be given to Council when the information is compiled. Alderman Davis asked if the delineators would be replaced on Veterans Parkway, and Acting Director Adams explained that they will be reinstalled once snow plowing season is over. Alderwoman Miller acknowledged the Public Works and Parks Departments for their festive decorations in the downtown. � City Council Meeting Minutes March 3,2025 Page 7 � �. Executive Session A motion was made by Alderwoman Miller and seconded by Alderman Davis to adjourn to Executive Session at 8:25 p.m. to discuss the performance of specific employees (5 ILCS 120/2(c)(1)). Roll call vote: 6-ayes: Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 1-absent: Alderman Santi. Motion carried. Mayor Jett reconvened the meeting out of executive session at 9:35 p.m. Roll call: Members present: Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderwoman Miller, Alderman Koch, Mayor Jett. Members Absent: Alderman Santi. Adjournment A motion was made by Alderman Glab and seconded by Alderman Koch to adjourn the meeting at 9:35 p.m. Roll call vote: 6-ayes: Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 1-absent: Alderman Santi. Motion carried. /� ��t� Q /N� Mayor Wayne Jett Deputy Clerk Monte Johnson `.. �