HomeMy WebLinkAboutMinutes - 07/18/2016 - City CouncilREGULAR MEETING
July 18, 2016
Mayor Low called the regularly scheduled July 18, 2016 meeting of the McHenry City Council to
order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Curry,
Wimmer, Peterson and Condon. Absent: None. Also in attendance: City Administrator
Morefield, Deputy City Administrator Hobson, Director of Economic Development Martin,
Director of Community Development Polerecky, Director of Finance Lynch, Director of Public
Works Schmitt, Chief of Police Jones, City Attorney McArdle and City Clerk Jones.
PRESENTATION: OATH OF OFFICE PRESENTED TO MCHENRY POLICE SERGEANT ERIC SEXTON
Mayor Low introduced Chief of Police John Jones and Chairman of the Police
Commission Richard Huber.
Chief of Police Jones introduced Police Sergeant Eric Sexton and provided those in
attendance with a summary of Sergeant Sexton’s history with the McHenry Police Department
and the dedication necessary to become a police sergeant. Chief Jones introduced Sergeant
Sexton’s family and Sergeant Sexton’s oldest son, Kyle, pinned the sergeant badge on Sergeant
Sexton.
Mayor Low congratulated Sergeant Sexton on his accomplishment s in the McHenry
Police Department.
CITY OF MCHENRY MISSION STATEMENT
Mayor Low read aloud the Mission Statement of the City of McHenry.
CALL TO ORDER A PUBLIC HEARING FOR THE PRESENTATION OF FISCAL YEAR 2016/2017
APPROPRIATION ORDINANCE IN THE AMOUNT OF $50,045,574
Mayor Low called the Public Hearing for the presentation of the Fiscal Year 2016/2017
Appropriation Ordinance, in the amount of $50,045,574, to order at 7:08 pm.
Mayor Low inquired if the Council had any questions regarding the Ordinance. There
were none.
Mayor Low inquired if anyone in the audience had any questions regarding the
Ordinance. There were none.
Motion by Wimmer, second by Condon, closing the Public Hearing for the presentation
of the Fiscal Year 2016/2017 Appropriation Ordinance, in the amount of $50,045,574, at 7:09
pm
Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
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MOTION TO APPROVE THE FISCAL YEAR 2016/2017 APPROPRIATION ORDINANCE IN THE
AMOUNT OF $50,045,574
Director of Finance Lynch provided Council with a brief summary regarding the
Appropriation Ordinance. She stated the Appropriation Ordinance provides the legal authority
under state statute to allocate funds for specific spending activity. The Ordinance, which must
be adopted no later than the end of the first quarter of the new fiscal year, also es tablishes the
municipality’s legal spending limit for the fiscal year.
Motion by Schaefer, second by Wimmer, approving Fiscal Year 2016/2017 Appropriation
Ordinance, in the amount of $50,045,574, as presented.
Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
PUBLIC INPUT SESSION
No one spoke at the Public Input Session.
CONSENT AGENDA
A. Pay Application No. 5 to Williams Brothers Construction, in the amount of $1,728,244.40, for Wastewater Treatment
Plant Improvements;
B. Ordinance approving an amendment to Municipal Code Chapter 21, Streets and Sidewalks;
C. Parks Special Use/Beer & Wine Permits; and
D. Approval of Payment of Bills, in the amount of $2,368,352.61.
Motion by Wimmer, second by Schaefer, approving Consent Agenda, as presented.
Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MOTION TO ADOPT AN ORDINANCE APPROVING THE REQUEST FROM MIXIN MINGLE, INC.
D/B/A MIXIN MINGLE, FOR A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE AT
1118-1122 N. GREEN STREET IN THE RIVER PLACE RETAIL CENTER
Director of Economic Development Martin requested the Council consider a Conditional
Use Permit to allow an assembly use at 1118-1122 N. Green Street in the River Place building.
He stated assembly uses are Conditional Uses in all Commercial Zoning Districts.
Director Martin informed Council Mixin Mingle is a company that leases a gathering
space utilized for public and private events. The leased space can be rented out for a party,
office gathering or other event to users following the completion of an application process.
Director Martin stated Mixin Mingle has one other location on the Woodstock Square in
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July 18, 2016
Woodstock, IL, which has been operating for the past five years. Mixin Mingle is seeking a
second location due to customer demand. The proposed location is the River Place building at
the northeast corner of Green Street and Waukegan in two vacant commercial units. The total
size of the two units is 2,841 square feet and the spaces would be combined to allow one large
area where events could be held.
Staff believes Mixin Mingle would bring people to the downtown area and serve as a
destination for persons to use a space to host a public/private event and would attract people
to the downtown vicinity. Mixin Mingle uses hired caterers for their events providing additional
opportunities for McHenry businesses. Mixin Mingle is not requesting a liquor license, therefore
if someone requests to utilize the space for an event serving alcohol, Mixin Mingle would be
required to utilize the services of an establishment in the City holding a liquor license that
permits catering and/or request a Special Event Liquor License and comply with all provisions in
Chapter 4: Alcoholic Beverages of the City’s Municipal Code. Mixin Mingle would have a staff
person at all events. Mixin Mingle provides the space and food. There are no kitchen facilities.
Director Martin informed Council he has spoken with the Director of Building and
Zoning for the City of Woodstock who informed the City of Woodstock has had no issues with
Mixin Mingle. Most of the events are low key and the use is a good complement with the
Woodstock Square. The applicant has been very professional and supportive of City of
Woodstock’s events in the downtown area.
Director Martin informed Council the subject property is zoned C-4 therefore, no off-
street parking is required by Ordinance. Staff believes that while parking downtow n is a
challenge, the proposed use would not create more traffic, require any additional public
services or facilities or require additional parking than any other use, which is permitted by
right in the C-4 district. The proposed use is conducive to the neighborhood and a downtown
setting and will enhance the downtown area.
Director Martin stated that the Planning and Zoning Commission unanimously
recommended approval (6-0) of the application for a Conditional Use Permit to allow an
assembly use on the subject property.
Motion by Condon, second by Curry, approving the application for a Conditional Use
Permit to allow an assembly use on the subject property, located at 1118 -1122 N. Green Street,
City of McHenry, as presented.
Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MOTION TO APPROVE A REQUEST FROM PROPERTY OWNER DARREN SHAY FOR
CONNECTION TO MUNICIPAL SANITARY SEWER PROPERTY, LOCATED AT 2305 W. COUNTRY
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LANE, IN UNINCORPORATED EASTWOOD MANOR SUBDIVISION AND APPROVAL OF STAFF
RECOMMENDATION NOT TO REQUIRE ANNEXATION OF THE SUBJECT PROPERTY TO THE CITY
OF MCHENRY
Director of Economic Development Martin requested Council consider permitting the
property located at 2305 W. Country Lane to connect to the City of McHenry’s sanitary sewer
system without annexation to the City and payment of connection and user fees at the resident
rate.
Director Martin informed Council that Mr. Darren Shay, owner of the property,
contacted Staff about connection to the City sanitary sewer system. Mr. Shay rents the
property, which is located in the Eastwood Manor Subdivision, and has had issues with the
septic system. Staff informed Mr. Shay that it is the City’s policy that any connection to the
City’s water and sewer systems requires annexation to the City of McHenry. The property is
contiguous to the City of McHenry boundaries to the south and Mr. Shay expressed that he is
agreeable to annexing to the City of McHenry, however, Staff believes it is not advantageous to
the City for Mr. Shay to annex.
Director Martin informed Council that the sewer line is directly south of the property,
however, due to its location and adjacent properties to the east, west and north, is not within
the City’s corporate limits. Staff does not believe it is in the City’s interest from a police, code
enforcement or road maintenance/public works perspective for the one property to annex to
the City. Therefore, for the reasons indicated above, Staff believes it is in City’s best interest
from a time and expense standpoint to not annex the subject property but that the owner be
charged resident rates to connect to the City’s sewer system as well as resident sewer usage
fees.
Alderman Glab expressed concern about starting a precedent if the applicant is not
annexing to the City of McHenry. Alderman Glab stated he does not support waiving the fees
for non-resident rates.
Director Martin informed Council that the applicant is willing to annex to the City of
McHenry, however, Staff determined that this is a peculiar situation to this particular property
and the impact to the City would be onerous.
Motion by Wimmer, second by Santi, approving the connection to the City of McHenry’s
sewer system and the payment of resident rates for both the connection and the sanitary
sewer usage for the property located at 2305 W. Country Lane, McHenry, Illinois.
Voting Aye: Santi, Curry, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
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MOTION TO APPROVE AN ORDINANCE AMENDING CITY OF MCHENRY MUNICIPAL CODE
CHAPTER 12, LICENSE AND PERMITS GENERALLY. TO INCLUDE ARTICLE III, RAFFLES
City Administrator Morefield requested Council consider an amendment to the
Municipal Code, Chapter 12, Licenses and Permits Generally, by adding an Article III – Raffles,
providing for the regulation of raffles within the municipality. The adoption of the amendment
would allow the City of McHenry to license, and not-for-profit organizations to obtain, licensing
for conducting raffles in the community as regulated by Illinois Statute 230 ILCS 230, Gaming –
Raffles and Poker Runs Act.
City Administrator Morefield informed Council Illinois Statute 230 ILCS 230, Gaming –
Raffles and Poker Runs Act provides specific language regarding the regulation of raffles within
the State of Illinois. Importantly, Home Rule authority cannot usurp the language of the state
statute and without a Local Ordinance in place for the licensing of raffles held by not -for-profits,
raffles cannot be legally held within the community. As such, in an effort to be responsive to
the needs of the not-for-profit organizations operating in the community that rely on raffles to
raise funds for various causes, Staff has acted expeditiously in researching the topic and
developing language for amending the Municipal Code to provide for the licensing of raffles for
not-for-profits. City Administrator Morefield stated the amendment only addresses not -for-
profit organizations and private businesses/entities are not permitted to hold raffles.
Alderman Santi stated that he would not be voting on this item due to a potential
conflict of interest.
Alderman Schaefer and Alderman Curry expressed concern that the amendment might
prove burdensome to the not-for-profit organizations. City Administrator Morefield stated Staff
made a concerted effort to be compliant with the state statute and made the amendment as
straightforward as possible. He acknowledged situations could arise that may have to be
addressed on an individual basis. City Attorney McArdle stated if a situation arises it can be
addressed as long as there is an Ordinance in effect. City Attorney McArdle noted that it is
unusual for a City not to have a Raffle Ordinance for not-for-profit organizations. He suggested
the Ordinance take effect immediately.
Motion by Wimmer, second by Schaefer, adopting the Ordinance amending Chapter 12,
Licenses and Permits Generally of the City of McHenry’s Municipal Code, as presented, effective
immediately.
Voting Aye: Glab, Schaefer, Curry, Wimmer, Peterson, Condon.
Voting Nay: None.
Abstain: Santi.
Absent: None.
Motion carried.
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MAYOR'S STATEMENT AND REPORT
Mayor Low announced Fiesta Days began on Friday, July 15, 2016, with the River Run,
which was very successful with 350 runners participating.
Mayor Low provided a brief summary of upcoming Fiesta Days festivities.
Mayor Low stated yard signs are available to show support for police at a cost of $5.00.
They can be obtained at the Municipal Center during business hours.
COMMITTEE REPORTS
Alderman Condon, Chairman of the Community Development Committee informed
Council a meeting of the Community Development Committee, rescheduled from June 13,
2016, took place on Monday, July 11, 2016, and minutes would be forthcoming.
Alderman Wimmer, Chairman of the Finance and Personnel Committee, informed
Council a meeting of the Finance and Personnel Committee took place prior to tonight's Council
meeting and that minutes are forthcoming.
STAFF REPORTS
Deputy City Administrator Hobson informed Council he had the elected officials'
magnetic signage for the Fiesta Days Parade. The signs can either be obtained tonight following
the Council meeting, or will be available the day of the parade.
City Administrator Morefield informed Council he received a letter from a resident
complimenting Director of Public Works Schmitt and Director of Community Development
Polerecky on their professionalism and customer service.
FUTURE AGENDA ITEMS
There were no future agenda items.
ADJOURNMENT
Motion by Curry, seconded by Peterson, to adjourn the meeting at 7:42 pm.
Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjournecj�t 7:42 pm.
Mayor
City Clerk
