HomeMy WebLinkAboutMinutes - 09/06/2016 - City CouncilREGULAR MEETING
September 6, 2016
Mayor Low called the September 6, 2016. regularly scheduled meeting of the McHenry City
Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer,
Curry, Peterson and Condon. Absent: Wimmer. 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 and City Clerk Jones.
CITY OF MCHENRY MISSION STATEMENT
Mayor Low read aloud the Mission Statement of the City of McHenry.
PUBLIC INPUT SESSION
No one spoke at Public Input.
CONSENT AGENDA
A. Pay Application No. 6 to Williams Brothers Construction, in the amount of $1,419,083.89, for Wastewater Treatment
Plant Improvement;
Be Final Payout, in the amount of $216,365,73, and Change Order for ($16,632.52), to Stuckey Construction for the
McHenry Recreation Center Construction;
C. Ordinance amending Municipal Code Chapter 17, Article II, Stormwater Management, adopting the McHenry County
Stormwater Management Ordinance revision dated April 5, 2016;
D. Ordinance amending Municipal Code Chapter 21, Streets and Sidewalks, Article VI, regulating Curbside Mailboxes;
E. Ordinance amending Municipal Code Chapter 21, Streets and Sidewalks, Article V. Snow and Ice;
F. Resolution adopting the Boone -Dutch Creek Watershed Basin Plan;
G. Request to advertise for bids for installation of holiday lighting in Veterans Memorial Park;
H. Ordinance authorizing the sale of public property owned by the City of McHenry through Clinton Auto Auction;
I. Temporary Use Permit requested by Principio Auto Group to host a car sales event in the parking lot of Just For Fun
Roller Rink, located at 914 Front Street, from September 29 through October 1, 2016, with rain dates of October 6
through October 8, 2016;
J. Northern Illinois Special Recreation Association (NISRA) Debt Certificate Allocation and Agreement;
K. Special Event Liquor License requested by St. Patrick Catholic Church for the annual Oktoberfest, September 24, 2016,
from 4:00 pm to 11:pm, at 3500 Washington Street;
L. McHenry High School District 156 request for the brief closure of John Street, Center Street and Kane Avenue to
accommodate the High School Homecoming Parade on October 3, 2016, at 6:00 pm;
M. Temporary closure of a portion of Grove Avenue for a Block Party on September 17, 2016, from 12:00 pm to 3:30 pm;
N. Special Use/Picnic Permits; and
0. Approval of Payment of Bills, in the amount of $1,527,003.60.
Alderman Condon requested Item D be pulled from the Consent Agenda and voted on as a
separate item.
Responding to Alderman Curry's inquiry regarding the necessity for amending the Ordinance
referenced in Item E, Director of Public Works Schmitt stated the amendment is primarily
complaint driven and focuses on an abundance of snow deposits that with a snow buildup are
pushed onto roads and streets, which inhibits safe driving.
Responding to Alderman Curry's inquiry regarding Item H on the Consent Agenda, Chief Jones
answered seven vehicles being considered for auction, four (4) of the vehicles are seized
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September 6, 2016
vehicles that were originally placed into service for the Investigation and Street Crimes Units of
the McHenry Police Department. With the purchase and acquisition of replacement vehicles, it
is no longer necessary or useful to retain ownership of the vehicles listed for auction. Chief
Jones informed Council a timely sale of the property will allow for the highest purchase prices
and return of revenue to the General Fund and Drug Seizure Fund.
Responding to an inquiry from Alderman Schaefer regarding Item I on the Consent Agenda,
Director of Community Development Polerecky informed Council that Staff is still working with
the applicant regarding specific parking concerns. Director Polerecky assured Council Staff will
make certain there is adequate parking and added attendants and security will be on premises
during the event.
Responding to Alderman Schaefer's inquiry regarding whether the time for the Homecoming
Parade on October 3, 2016, is correct, Assistance City Administrator Hobson answered yes, the
time is correct. The district is attempting something new this year.
Motion by Condon, second by Curry, approving Consent Agenda, Items A through C and
E through 0.
Voting Aye: Santi, Glab, Curry, Schaefer, Condon.
Voting Nay: Peterson.
Absent: Wimmer.
Motion carried.
Alderman Condon opined that regarding Consent Agenda Item D, an amendment of the
Ordinance might inhibit creativity. Alderman Condon suggested a permit process, rather than
elimination of structure type mailboxes, might be less restrictive. Responding to Alderman
Condon's concerns, Director of Public Works Schmitt stated that Staff is concerned the
structures are becoming a safety hazard adding some of the mailbox structures in Legend Lakes
have been constructed over the watermain. Director Schmitt assured Council that Staff
followed the Postal Standards in preparing amendments to the Ordinance.
Motion by Curry, second by Schaefer, approving Item D on the Consent Agenda, as
presented.
Voting Aye: Santi, Glab, Curry, Schaefer, Peterson.
Voting Nay: Condon.
Absent: Wimmer.
Motion carried.
MOTION TO ADOPT A RESOLUTION AUTHORIZING THE CITY OF MCHENRY TO FILE AN
OBJECTION TO THE APPLICATION FILED BY ERAR INVESTMENTS, LLC OF CRYSTAL LAKE, IL FOR
AN AMENDMENT TO THE UNIFIED DEVELOPMENT ORDINANCE OF MCHENRY COUNTY, IL,
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RELATING TO THE PROPERTY LOCATED ON THE SOUTH SIDE OF FLANDERS ROAD,
APPROXIMATELY 1,150 FEET EAST OF THE INTERSECTION OF FLANDERS AND RINGWOOD
ROADS IN UNINCORPORATED MCHENRY COUNTY
Director of Economic Development Martin informed Council they are being asked to
consider a Resolution objecting to a zoning reclassification for a property approximately three -
acres in size located 1,150 feet east of Ringwood Road, south of Flanders Road. The request is
to rezone the three acre parcel from Al Agriculture and A1C Agriculture with a Conditional Use
Permit to R-3 Multi -Family Residential. The three -acre parcel is part of a larger 22-acre parcel.
Additionally, the petitioner is seeking a lot frontage variance from 175 feet to 159.91 feet and a
request to remove the existing Conditional Use Permit on the subject property.
Director Martin stated McHenry County Planning and Development has scheduled a
hearing on September 8, 2016, at 1:30 pm in Woodstock, which he will attend. Staff has
drafted a Resolution in objection to the proposed development to present to the McHenry
County Board. Staff believes, if approved, the rezoning of the three -acre parcel would facilitate
an alteration of the trend of development and character of the area and adversely impact City
of McHenry residents by opening the door for expansion of the remaining 22-acres.
Alderman Curry stated he plans to attend the meeting on September 8th as well.
Motion by Curry, second by Santi, approving the Resolution objecting to a zoning
reclassification from Al Agriculture and A1C Agriculture with a Conditional Use Permit to R-3
Multi -Family Residential, and a variation to allow a minimum lot frontage of 159.91 feet (175
required) within the 11-3 Multifamily District, as well as removal of the existing Conditional Use
Permit for a property located approximately 1,150 feet east of Flanders Road and Ringwood
Road on the south side of Flanders Road, and that the Ordinance be filed and mailed as
presented.
Voting Aye: Santi, Glab, Schaefer, Curry, Peterson, Condon.
Voting Nay: None.
Absent: Wimmer.
Motion carried.
MOTION TO AUTHORIZE THE MAYOR'S EXECUTION OF AN ENGINEERING SERVICES
AGREEMENT WITH HR GREEN, INC., FOR A LUMP SUM AMOUNT OF $22,000 FOR THE
ENGINEERING, DESIGN, PERMITTING, BIDDING, AND SURVEYING OF THE MCHENRY BOAT
LAUNCH AT MILLER RIVERFRONT PARK
Deputy City Administrator Hobson requested Council consider a Professional Services
Agreement with HR Green to assist in the engineering, design, permitting and bidding for
construction of the McHenry Boat Launch at Charles Miller Riverfront Park. The boat launch
project is included in the Capital Improvement Plan for construction this year. The cost for the
project and engineering would be paid for through the Park Developer Donation Fund. Deputy
City Administrator Hobson added that time is of the essence regarding all aspects of this
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project, which has proven to be a tenuous process with a long history. An expedient
turnaround from the permitting agencies will allow the project to be bid and completed before
the beginning of the next boating season in May 2017.
Alderman Santi opined that he does not understand the reason to spend over $20,000
for engineering of a boat launch. Deputy City Administrator Hobson explained the process is
tedious and involves wetlands and the Army Corp of Engineers. Alderman Santi inquired if the
newly hired City Engineer would have been able to handle this project, and Deputy City
Administrator Hobson responded no as the project requires a particular expertise. Director of
Public Works Schmitt added the project requires CAD drawings and knowledge regarding the
Army Corp of Engineers.
Motion by Condon, second by Schaefer, approving the execution of a Professional
Services Agreement with HR Green, Inc., for a lump sum amount of $22,000, for the
engineering, design, permitting, bidding and surveying of the McHenry Boat Launch at Charles
Miller Riverfront Park, as presented.
Voting Aye:
Voting Nay:
Absent.
Motion carried.
Glab, Schaefer, Peterson, Condon.
Santi, Curry.
Wimmer.
MOTION THE AUTHORIZE THE MAYOR'S EXECUTION OF A GRANT OF EASEMENT AND
ASSIGNMENT OF LEASE AGREEMENTS WIT LANDMARK DIVIDEND LLC, FOR CELLULAR LEASES
WITH NEW CINGULAR WIRELESS LLC AND/OR T-MOBILE FIR PROPERTY LOCATED AT 4225
SIOUX LANE
Director of Economic Development Martin informed Council in 2015 Staff was contacted
by a representative working on behalf of AT&T/New Cingular pertaining to their existing
antennae lease on the City's water tower located at 4225 Sioux Lane, as well as accompanying
ground space (322 square feet). Staff was informed AT&T was seeking a rent reduction of $867
per month, as well as an escalator adjustment, currently 3% per year, to a proposed 10% every
five years. Should the City agreed to these terms, in exchange AT&T would agree to guarantee
the rent and escalator for seven years.
Director Martin explained Council is being asked to consider two Option Agreements
with Landmark Dividend LLC. The proposed agreements include the assignment of the existing
leases and an easement acquisition for the New Cingular Wireless and T-Mobile at 4225 Sioux
Lane. Both are for the assignment of the city's interest in the lease and associated revenue and
easement extending through the end of each respective lease; the City would receive a lump
sum payment in the amount of $524,000 ($380,000 for the New Cingular Lease and $144,000
for the T-Mobile Lease).
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New Cingular has a right -of -first refusal within 30 days to match any bona fide offer.
The T-Mobile Agreement allows the City the right to assign or otherwise transfer the
Agreement and the easements granted after notice is provided to T-Mobile, however, T-Mobile
has no obligation under the Agreement to agree to the assignment.
Staff believes a worthwhile and to the City's benefit to approve these. Option
Agreements with Landmark Dividend. The funds the City would receive from the proposed
options with Landmark Dividend (approximately $524,000) can provide the City with immediate
funding in the Water/Sewer Fund for needed water and sewer capital projects.
Alderman Curry requested clarification regarding how the determination was reached
regarding future values and the benefit of a full term lease as opposed to taking the cash now.
Director of Economic Development Martin explain how Staff reached their conclusions.
Responding to Alderman Schaefer's inquiry regarding whether it is likely water and
sewer rates would be reduced with the influx of funds to the Sewer and Water Fund, City
Administrator Morefield stated that was unlikely.
Alderman Peterson opined he supports the plan.
Motion by Curry, second by Condon, approving an Ordinance authorizing the Mayor's
execution of both options pertaining to T-Mobile and New Cingular Wireless with Landmark
Dividend; and execution of a Grant of Easement and Assignment of Lease with Landmark
Dividend if Landmark Dividend chooses to exercise either or both options after or prior to the
expiration of the 60-day Option Period, with the condition the Grant of Easement and
Assignment of Lease Agreement is in substantial conformance with both of the options as
presented including all conditions pertaining to enforcement, maintenance, time period and
dollar amount; and with the conditions new Cingular does not exercise their Option of First
Right of Refusal and T-Mobile authorizes the approval for Landmark Dividend to have their
lease assigned.
Voting Aye: Santi, Glab, Schaefer, Curry, Peterson, Condon.
Voting Nay: None.
Absent: Wimmer.
Motion carried.
MOTION TO APPROVE AN AMENDMENT TO THE FISCAL YEAR 2016/2017 BUDGET CAPITAL
IMPROVEMENTS FUND IN THE AMOUNT OF $3,545.54, FROM THE GENERAL FUND BALANCE
AND APPROVE THE RECOMMENDATION OF FGM ARCHITECTS TO AWARD THE CONTRACT FOR
DISPATCH CENTER FURNITURE PURCHASES TO.
1. NCPA CONTRACT WITH FRANK COONEY COMPANY FOR $64,817.41; AND
2. TCPN CONTRACT WITH INTERIOR INVESTMENTS FOR $3,228.13
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Chief of Police Jones informed Council the City is looking to make the final furniture
purchase and lock in current pricing for the renovation and expansion of the McHenry Dispatch
Center and Police Administration section. FGM has assisted in the process and has provided
quotes from two established companies that have been used in the past by the City for this
purpose. All furniture, if approved, would be obtained under cooperative purchasing
agreements to assure the best pricing for all items.
Chief Jones stated the total amount for furniture procurement and installation is
468,045,54. The cost of the furniture when added to the dispatch consoles cost of $175,000, is
$3,545.54 over the line item that was included in the original budget for furniture ($240,OOO).
All items were purchased under government cooperative purchased agreement at their lowest
cost. Chief Jones indicated that there is some furniture, which has been determined useable,
that will be repurposed. A budget amendment in the amount of $3,545.54 is requested for the
purpose of furniture procurement.
Motion by Schaefer, second by Curry, approving the amendment to the Fiscal Year
2016/2017 Budget Capital Improvement Fund, in the amount of $3,545,54, from the General
Fund Balance and approving the recommendation of FGM Architects to award the Dispatch
Center Furniture Purchases to:
1. NCPA Contract with Frank Cooney Company for $164,817.41; and
2. TCPN Contract with Interior Investments for $3,228.13
Voting Aye: Santi, Glab, Schaefer, Curry, Peterson, Condon.
Voting Nay: None.
Absent: Wimmer.
Motion carried.
MAYOR'S STATEMENT AND REPORT
Mayor Low informed Council the annual 9/11 ceremony will take place on Sunday,
September 11th, at 9:00 am at Veterans Memorial Park.
Mayor Low reiterated to Council that the Summer Band Concerts on Thursday evenings
in Veterans Memorial Park have been extended through the end of September due to
sponsorship from participants of the Farmers Market.
COMMITTEE REPORTS
Alderman Schaefer informed Council that a meeting of the Public Works Committee is
scheduled on September 19, 2016 at 5:30 pm.
STAFF REPORTS
City Administrator Morefield made note that the final payout to Stuckey Construction
Co. for construction of the McHenry Recreation Center includes a credit in the amount of
$16,632.52.
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City Administrator Morefield complimented Staff and the members of the Police
Department on their cooperation, efforts and flexibility during the build out.
FUTURE AGENDA ITEMS
There were no future agenda items.
ADJOURNMENT
Motion by Schaefer, seconded by Condon, to adjourn the meeting at 7:36 pm.
Voting Aye: Santi, Glab, Schaefer, Curry, Peterson, Condon.
Voting Nay: None.
Absent: Wimmer.
Motion carried.
The meeting was adjourned at 7:36 pm.
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City Clerk