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HomeMy WebLinkAboutMinutes - 11/06/2017 - City CouncilREGULAR MEETING November 6, 2017 Mayor Wayne Jett called the regularly scheduled November 6, 2017 meeting of the McHenry City Council to order at 7:00 pm in the McHenry City Council Chambers, 333 South Green Street, McHenry, IL. In attendance were the following Councilmembers: Devine, Schaefer, Mihevc, Condon, Glab, Curry, and Santi. Also in attendance: City Administrator Derik Morefield, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Director of Public Works Schmitt, Director of Community Development Polerecky, Director of Finance Lynch, Police Chief Birk, City Attorney McArdle, and City Clerk Nevitt. OATH OF OFFICE Mayor Jett announced John R. Birk was appointed as the City's new Chief of Chief replacing Chief Jones who recently retired after 28 years. At the Mayor's request, Police Commission Chairman Rick Huber administered the Oath of Office to John R. Birk with his wife Adrianna and other family members present. OATH OF OFFICE Mayor Jett announced that Chief Birk appointed Thomas M. Walsh to the position of Deputy Chief of Police. At the Mayor's request, Police Commission Chairman Rick Huber administered the Oath of Office to Thomas M. Walsh with his wife Kelly and other family members present. Mayor Jett asked the Council and Public in attendance to congratulate Chief John Birk and Deputy Chief Thomas Walsh and invited the public to a cake and coffee reception in the Municipal Center atrium. PRESENTATION OF CHARACTER COUNTS! CITIZEN OF CHARACTER AWARD Mayor Jett recited the six pillars of Character and announced the recipient of the CHARACTER COUNTS! Citizen of Character Award was 13-year old Caden Ringer who started an organization called Home Run Helpers; a group of area kids with one mission to make the community a better place and to give hope for others. Mayor Jett invited District 15 Ellen Sagendorph to say a few words about Caden and present the award to him. PRESENTATION OF THE FISCAL YEAR 2016/17 ANNUAL FINANCIAL REPORT CONDUCTED BY EDER CASELLA CO. Auditor Kevin Smith representing Eder Casella Co. provided a brief overview of the FY 2016/17 Financial Report. The process of conducting the audit was smooth and the city is incompliance with all state governing regulations. There was no need for a management letter. The delay in completing the audit was due to a change in GASB 68 reporting and completion of the Police Pension audit by the Illinois Department of Insurance. Mr. Smith will work with the city to attempt to speed up the process for next year's audit. From a financial perspective, the fund balance as of April 30, 2017 was approximately $13M, or approximately six months of expenses for the year. All funds regulated by the fund balance policy met the policy. It is recommended Regular City Council Meeting Page 2 November 6, 2017 that a municipality have a fund balance with six to two years of operating expenses. The water sewer fund is at approximately four months of expenses. The Comptroller Report was filed on November 6, 2017 and federal reporting requirements related to the IEPA loan were completed. Mayor Jett opened the floor for Council comments and there were none. Mayor Jett thanked Mr. Smith for his presentation. PUBLIC COMMENT Mayor Jett invited the public who registered to comment to the podium: Mr. Greg Glover, 166 W. Crystal Lake Road of the McHenry County Bicycle Advocates expressed his support for the proposed shared use path on Bull Valley Road. Mr. Phil Hoffsetter, 1021 Plymouth Lane told the Council he owns a building on Green Street and expressed his opposition to 1014 N. River Road being used as a manufacturing and industrial, and outside storage facility. Mr. Eberhard Veit, 3502 Kilkenny Drive, Crystal Lake stated he was President of the McHenry County Bicycle Advocates and expressed his support for the shared use path on Bull Valley Road. Christine Kustra, 5219 Cobblers Crossing, McHenry, stated she was speaking on behalf of the Environmental Defenders of McHenry County and is co-chair of the transportation committee and expressed her report for the shared use path on Bull Valley Road. CONSENT AGENDA A. Resolution recognizing the importance of apprenticeships to our community and designating November 13-19, 2017 as National Apprenticeship Week in the City of McHenry; B. IDOT Resolution permitting municipal repair work in State Right -of -Ways for year 2017 and 2018; C. Consideration of Revised Revolving Loan Program Criteria and Application and an Ordinance amending Municipal Code Chapter 2 Article III, Sec. 2-48 Order of Business, placing review of Revolving Loans under the Finance and Personnel Committee; D. Award of proposal for Codification, Supplementation, and Online Hosting of the McHenry Municipal Code to Sterling Codifiers, Inc. for the base price of $14,800; Online Host Fee of $500, and Supplementation of $21/per page; E. Approval of a budget amendment in the amount of $22,545 in the Recreation Center Fund and the approval of a sole source purchase of fitness equipment from Direct Fitness Solutions in the amount of $22,545; Regular City Council Meeting Page 3 November 6, 2017 F. Approval of an Intergovernmental Agreement with McHenry County for Phase I Engineering of a shared use path on Bull Valley Road and associated improvements; G. Ratification of the Mayor's execution of a Property Access Agreement for the property located at the southeast corner of Curran Road and Route 120, identified by PINS 09-28-400-010 and 09-28-300-011; H. Ratification of the Mayor's execution of a Property Access Agreement for the property located at the southwest corner of Home Avenue and Ramble Road, identified by PINS 09-27-404-005 and 09-27-404-006; I. Pay Application #20 to Williams Brothers Construction in the amount of $561,284.45 for Wastewater Treatment Plant Improvements; J. August 7, 2017 City Council meeting minutes; and K. Payment of Bills in the amount of $689,997.82. Alderman Glab requested Item J be pulled from the Consent Agenda. Mayor Jett announced Item J would be pulled from the Consent Agenda and voted on as a separate item. Motion by Alderwoman Condon, second by Alderman Santi, approving Consent Agenda Items A thru I, and K. As there was no discussion, Mayor Jett asked the Clerk to call the roll: Voting Aye: Condon, Santi, Glab, Devine, Schaefer, Mihevc, Curry Voting Nay: None Absent: None Motion Carried. Consent Agenda Item J, August 7, 2017 City Council meeting minutes. Mayor Jett called for a motion. Alderman Curry made a motion, seconded by Alderwoman Condon to approve Consent Agenda Item J, August 7, 2017 city Council meeting minutes. Mayor Jett called for discussion: Alderman Glab announced he asked to pull the minutes of August 7, 2017, because of the request by a Council member who asked to be addressed as Alderwoman. Alderman Glab stated that city documents should reflect the position as it is in state statute adding the Illinois Constitution specifically states that unless changed by referendum, General Assembly dictates the office is Alderman. This is a term that has been around for years and he understands where Alderwoman Condon stands as far as her position, however, there are proper ways to make changes and that this should be addressed at the state level. For that reason, he cannot vote Regular City Council Meeting Page 4 November 6, 2017 yes on the meeting minutes. Alderman Glab further stated he is not trying to be sexist and would support a Resolution to change this at the state level. Alderwoman Condon read a prepared statement to the Council requesting she be addressed appropriately. She added at the time city ordinances were adopted, there was never a consideration that that women would hold a public office and that this is a matter of respect. Alderwoman Condon said she is not familiar with the state statute referred to by Alderman Glab and if a state statute change were required, she would support it. Throughout her 14 years in in office, she has always encouraged everyone to call her by her first name but women have had to fight for a long time to be recognized. She appreciates that the city needs to do things legally and deferred the process to Attorney McArdle. Attorney McArdle said that Alderman Glab's point is straight but the only thing off is the fact that we would need an amendment on the state level to accomplish this. Attorney McArdle stated with certainty that the city's status as a municipality without being home rule is plenty to instruct the staff to address people as they want to be addressed. It would be a challenge to change the ordinance because the references to Aldermen are probably in the thousands. We could make a definition revision making the word Alderman gender -neutral. Alderman Glab said that Article 7, Sec 6 of the Illinois Constitution addresses Home Rule and it states that we are required to follow what the General Assembly dictates. Attorney McArdle stated until he has had a chance to review the statute, his direction to staff is that whatever a majority of the Council wish to be called is what we will call them. Alderman Curry said the whole point of the minutes is to address who was present, what the issues, are, who voted, and how they voted. In his opinion, the minutes presented are clear and the burden of conveying the information to the public has been met. Alderman Glab said the minutes should reflect the proper titles. As leaders of the community, we set the example and we should follow the law and if the law states the position is Alderman than that is what is should be. When we begin to bend the rules, things get out of control. Alderwoman Condon said she is trying to set an example. She will complete her 16 years of service to the community and wants to set a precedence for woman who hold office. In the future, women who come forward in service should get the respect that they deserve and she is willing to present a resolution to Springfield if she must. As there was no further discussion on this item, Mayor Jett asked the Clerk to call the roll: Voting Aye: Curry, Condon, Devine, Santi, Schaefer, Mihevc Voting Nay: Glab Absent: None Motion Carried. Regular City Council Meeting Page 5 November 6, 2017 INDIVIDUAL ACTION ITEM AGENDA A. Motion to approve a Resolution setting the Property Tax Levy request for 2017 (collected in 2018) at $4,618,786, and establish the date of December 4, 2017 to conduct a Public Hearing to consider approval of the Property Tax Levy. Mayor Jett asked Finance Director Lynch to present this item to the Council. Director Lynch reported the Council received information needed for the establishment of the 2017 property tax levy amount. Staff is also requesting December 4, 2017 for the Public Hearing to consider the property tax levy. Alderman Glab said he was pleased that a flat tax was proposed, although he would prefer that it be decreased. He understands there are many projects to complete and the city cannot keep cutting the tax. Alderman Curry said the Finance and Personnel Committee discussed the levy and a flat levy was recommended. Last year the levy was decreased by 3%, however this year the state is taking an additional 10% of income tax and 2% home rule sales tax. Director Lynch stated the city would now receive approximately $330,000 less. Alderman Curry said this is the reason the committee did not recommend another decrease in the levy. Alderman Curry made a motion, seconded by Alderman Schaefer to approve a Resolution setting the Property Tax Levy request for 2017 (collected in 2018) at $4,618,786, and establish the date of December 4, 2017 to conduct a Public Hearing to consider approval of the Property Tax Levy. Voting Aye: Curry, Schaefer, Devine, Santi, Glab, Condon, Glab, Mihevc Voting Nay: None Absent: None Motion Carried. B. Motion to approve a Sign Variance at 2000 North Richmond Road for DYN McHenry Commons, LLC to allow a second shopping center entrance sign greater than 15' in height and a 3' height variance for a maximum sign height of 28'. Mayor Jett asked Director Polerecky to present this item to the Council. Director Polerecky reported the department received an application from First Midwest Group for construction of a new freestanding shopping center sign in the McHenry Commons. The development currently has one development entrance sign located south of the American Mattress outlot with a height exceeding 15-feet. A variance request was submitted to allow a second development entrance sign in excess of 15- feet on the north end of the property. Regular City Council Meeting Page 6 November 6, 2017 Alderman Curry asked for the height of the sign from the ground and Director Polerecky answered approximately 25-feet. Alderman Santi asked if the sign would create any vision issues and Director Polerecky said it would not. Alderman Glab said this is an issue because the development is split into two retail centers with two different owners. He is of the opinion that this should be remembered in the future. Alderman Santi made a motion, seconded by Alderman Glab to approve a Sign Variance at 2000 North Richmond Road for DYN McHenry Commons, LLC to allow a second shopping center entrance sign greater than 15' in height and a 3' height variance for a maximum sign height of 28'. Voting Aye: Santi, Glab, Mihevc, Curry, Schaefer, Devine, Condon Voting Nay: None Absent: None Motion Carried. C. Motion to approve an Ordinance granting a Use Variance form Article IV. Residential Districts, to allow a two-family dwelling at 3806 Waukegan Road. Mayor Jett asked Director of Economic Development Martin to present the item to the Council. Director Martin informed the Council the applicant was seeking a use variance to allow a two-family dwelling at 3806 Waukegan Road. Alderman Curry noted a similar request was presented to the Council about a month ago and asked if this was the same type of request. Director Martin answered yes it was. Alderman Santi made a motion, seconded by Alderman Devine to approve an Ordinance granting a Use Variance form Article IV. Residential Districts, to allow a two-family dwelling at 3806 Waukegan Road as presented. Voting Aye: Santi, Devine, Glab, Condon, Schaefer, Curry, Mihevc Voting Nay: None Absent: None Motion Carried. Regular City Council Meeting Page 7 November 6, 2017 DISCUSSION ONLY ITEMS: A. Gravel Pit Update — Presentation by LaFarge Aggregates followed by an outline of the agreement review and renewal process. Mayor Jett asked City Administrator Morefield to make the introductions. City Administrator Morefield introduced Mr. Randi Wille from LaFarge Aggregates to the Council. Administrator Morefield noted that recently the Council was invited by Mr. Wille to tour the site. For those Council members who did not attend the tour and as the agreements with the city are expiring in May, staff will begin the discussion with an update on the pit's operations presented by Mr. Wille. After the presentation, Attorney McArdle will provide the Council with an outline of the process of renegotiating the agreement. Attorney McArdle distributed a map to the Council depicting an overview of the gravel pit. The various parcels were colorized to facilitate Council's questions to Mr. Wille. Attorney McArdle explained Parcel A was annexed in 1976, Parcel B in 1977 and modified in 1988, Parcel C in 1988, Parcel D in 1990 and Parcel E in 1998. All of those agreements are expiring in totality in May. Mr. Wille informed the Council that Parcel A is not part of the renewal of the conditional use permit in the spring. This parcel has an Industrial I —zoning. As Attorney McArdle explained, the agreement for Parcel A is expiring but the zoning is there. Mr. Wille said this parcel still includes a ready -mix concrete plant, asphalt -patching plant, and associated maintenance buildings and the current office building that is for sale. The condition use for Parcels B, C, D, and E are expiring. Meyer Material Company was sold in 2006 to Aggregate Industries, a division of Holcim Ltd in Switzerland. Meyer Material was converted into a corporate entity just prior to the economic recession. As a result, the company downsized and divested, and ultimately came out in a merger situation with LaFarge based in France. The companies combined and are now one of the top five producers in the world. There have been a series of annexations, as the operation is a surface mine, expanding to the west. This is all followed by a series of conditional use permits. The conditional use permits track many items that will have to be negotiated such as hours of operations, bond requirements, setbacks, operational and reclamation plans showing the sequence of the mining operation. Today, the property is located west of Illinois State Bank at Curran and Route 120 near the the Glacier Ridge and Woodcreek subdivisions. They are currently mining in phases 14, 15, 16, and 17 as part of the mine plan in the southwestern corner. There is much going on in that area and still includes farmland. The operation periodically strips pieces Regular City Council Meeting Page 8 November 6, 2017 of land as they move from south to north, mine the aggregates and convey them back to the processing plant. Mr. Wille told the Council that over the years, they have tried to develop a good relationship with the neighboring communities. They have met with the Woodcreek and Burning Tree homeowners associations and will begin a dialogue with Glacier Ridge residents as they begin to mine closer to their homes. Crushing hours are 6:00 am to 6:00 pm, Monday through Friday and 6:00 pm to 2:00 PM on Saturday, consisting of field and plant operations. Loading hours are 5:00 am to 8:00 pm but usually they quit earlier unless there is a specific job. They are allowed to wash 24-hours per day but have not washed beyond 6:00 pm in the last 10 years. There are numerous setback zones and this varies depending on the field crusher and property lines. Land that has been mined is restored and bonds returned to the state. Ultimately, top soil is replaced and the land is farmed again. The parcel on the north side of Route 120 was permitted and expires in 2022. LaFarge would like to combine the permit durations for the north with the south side so they expire at the same time. The processing plant is located on Parcel D, which is part of the conditional use they are seeking to renew. The parcel on the north side of Route 120 is a separate annexation agreement and as they need to operate together, it is LaFarge's desire to bring them together. They cannot close the processing plant on Parcel D until they have mined everything on the north side of Route 120. LaFarge is proposing to add 10 years to the four-year duration of the conditional use permit on the south side synchronizing it with the 10-year permit on the north side, consequently they would both expire at the same time. Alderman Santi asked for confirmation that Parcel A is where the concrete and asphalt plants are located and the answer was yes. He then asked when operations close for the season. Mr. Wille said asphalt production stops after Thanksgiving and concrete will continue, as work is available. Alderman Santi stated the tour was educational and recommended other Councilmembers to see the operations. Alderman Curry agreed that all Council members should tour the facilities and that many of his questions regarding the operations were answered on the tour adding LaFarge does a good job reclaiming land. Alderman Curry asked for clarification regarding the request to combine the north and south parcel agreements. Alderman Glab said that in the last six to eight years, there are times when he can hear crushers from his house. When berms are installed to protect residents who live close to the operations, the sound deflects to another direction and asked that care be given to the direction the sound is deflected. Alderman Glab asked how much of a difference will there be in the topography when the project is completed. Mr. Wille said it should create 3:1 slopes with RS-1 is zoning designed to have one -acre lots. He referred the Council to review the Algonquin Lakes and Silverstone, which were former location of a Regular City Council Meeting Page 9 November 6, 2017 Meyer Material mine. Meyer worked with Lexington Homes before they replaced the topsoil as a final dressing. Mayor Jett thanked Mr. Wille for his presentation. STAFF REPORTS Director of Parks and Recreation Hobson reported the Downtown Christmas Walk is scheduled for November 18 from 12:30 PM to 4:30 PM. The event will culminate with the annual Christmas Tree lighting ceremony in Veterans Memorial Park at dusk. On November 19, the annual Toys for Tots Parade will take place. The McHenry Area Jaycees and the Harley Owners motorcyclist group organize the parade. MAYOR AND CITY COUNCIL COMMENTS Mayor Jett thanked Council for attending a meeting with area business owners regarding downtown parking. The meeting was informative. The business owners expressed their opinion that the problem is more of convenience than lack of parking spaces. Valet parking is still an option that includes possible agreements with McHenry Villa, McHenry Savings Bank, and District 156. Mayor Jett said this is the first step in providing a vibrant, safe, and convenient downtown area. A discussion on November 20 with the Council will be held to discuss further this matter. In response to Alderman Glab's comment regarding towns with increased downtown nightlife, Mayor Jett noted he and staff visited the towns of Ottawa and Geneva and they are having the same discussion about downtown parking. Alderwoman Condon informed the Council that on November 18, MC3 is hosting the annual Shop with a Cop fundraiser and all money raised will help support McHenry Police Charities. Alderman Curry asked for the outline and renewal process for the gravel pit. Director Martin said a Public Hearing before the Planning and Zoning Commission for the conditional use and a Public Hearing at a Council Meeting regarding an amendment to the annexation agreement are required. Attorney McArdle said after the public hearings are held, the matter will go before the Council to begin negotiations. Alderman Schaefer stated tonight's CHARACTER COUNTS! presentation was good and in his opinion these awards should be also presented by the schools in front of students. Most students do not witness presentations held at Council. Alderwoman Condon agreed. ADJOURNMENT Motion by Alderman Santi, second by Alderman Curry, to adjourn the meeting. Voting Aye: Santi, Curry, Devine, Mihevc, Condon, Schaefer, Glab Voting Nay: None Absent: None Regular City Council Meeting Page 10 November 6, 2017 Motion Carried. The meeting adjourned at 8:55 pm. Mayor De ty City Clerk