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HomeMy WebLinkAboutMinutes - 07/31/1991 - City CouncilREGULAR CITY COUNCIL MEETING JULY 31, 1991 The Regular Meeting of the McHenry City Council was called to order by Mayor Busse on Wednesday, July 31, 1991 at 8:10 P.M. in City Hall. At roll call the following Aldermen were present: Bolger, Donahue, Locke, Smith, Patterson, Serritella. Absent: Lieder, Adams. City Staff in attendance were: Assistant to City Clerk Marth, City Administrator Peterson, Director of Building and Zoning Halik, Director of Parks A Recreation Merkel, Police Chief Joyce, Attorney Narusis. Absent: City Clerk Gilpin, Director of Public Works Batt. During the Ten Minute Public Input Session, Vicki Sheppard, Chairman of the McHenry Plan Commission, advised the Council that she was there in her capacity as Plan Commission Chairman should the Council have any Questions or clarifications on the Plan Commission's recommendations before the Council tonight concerning the Final Plat of Chapel Hill Center, which is outside the City limits but within the mile and one-half plan jurisdiction of the City. No one else signed up for the public input session. CONSENT AGEiDR: Notion by Patterson, seconded by Serritella, to approve a consent agenda with the following changes: removal of the Minutes of the July 8, 1991 Special City Council Meeting, which will be placed on a future agenda; a status -change in the Letter of Credit for McHenry Corporate Center Unit 1, which is to reduce the Construction Guarantee Letter of Credit to $0 instead of $8,125.00 since all public improvements are now complete and provide a second Warranty Letter of Credit for $16,656.00 to cover the additional accepted improvements: (1) July 15, 1991 Special City Council Meeting Minutes; (2) July 17, 1991 Regular City Council Meeting Minutes; (3) Block Party Request - August 24, 1991 on Spruce Lane; (4) Tuition Reimbursement Request - Ptlm. Thomas Jenkins; (5) Reduce the Construction Letter of Credit for McHenry Corporate Center Unit !1 to $0, and provide a second Warranty Letter of Credit for the additional accepted improvements in the mount of $16.656. Voting Aye: Bolger, Donahue, Locke, Smith, Patterson, Serritella. Voting may: None. Absent: Lieder, Adams. Motion carried. Aldermen Serritella and Patterson asked if the City Clerk would put more of the Council discussions in the minutes since they felt the objections and/or concerns raised by the Aldermen during those discussions should be reflected in the minutes. Mayor Busse said the matter should be brought up at the next meeting when the City Clerk was present. AWARD 1ST AND 2ND PRIZES FOR PARKS AND RECREATION DEPARTMENT LOGO DESIGN CONTEST: Parks i Recreation Director Merkel gave some background on the Logo Contest which resulted from one of the recommendations of the Attitude and Interest Survey recently conducted by Parks 8 Recreation in the City. The recommendation that a logo be created was to help identify the Parks 8 Recreation Department and avoid confusion over the DEPARTMENT being called a DISTRICT. With that in mind, the Department invited City residents to partake in the contest to design the new logo. Judging was based on originality and quality of the design which best described the McHenry Parks A Recreation Department. Eleven entries were submitted and graded by the Department staff along with the Mayor and City Administrator. Director Merkel then introduced the winners and awarded the prizes. First place winner William T. Schneider, was awarded a $100 savings bond and second place winner Michele Williams, was awarded a $50 savings bond. The First National Bank of McHenry donated both savings bonds. Director Merkel thanked all the other residents who took an interest and submitted logos for the competition. The new logo will appear on all Department publications and be displayed in the office and throughout the City Parks. FINAL PLAT - CRAPNI RILL CENTER: This agenda item was continued to later in the meeting when Carl Moon of Baxter i Woodman, City Engineers, would be present. July 31, 1991 Regular Council Meeting Page 2. SIGN VARIATION REQUEST - BURNING TREE SUBDIVISION, CURTIS LANGILLE: Based on a misunderstanding that the erection of an entrance sign was granted in the Annexation Agreement, Mr. Langille erected the sign and did not seek a building permit. Mr. Langille was notified by the Building a Zoning Department that he did need a sign permit and also now required a variation in the size of the sign since it was over the 32 square feet allowed by City ordinance. City Administrator Peterson recommended to the Council that the sign variation be granted since the sign was already in existence and stated that the sign fit in well with the design of the subdivision. Motion by Smith, seconded by Donahue, to accept the recommendation of the City Administrator and grant the variation for the 52.5 foot entrance sign to Burning Tree Subdivision. Voting Aye: Bolger, Donahue, Locke, Smith, Patterson, Serritells. Voting Nagy: None. Absent: Lieder, Adams. Motion carried. SIGN VARIATION REQUEST - BLOCKBUSTER VIDEO, 1920 N. RICHMOND ROAD: This is a request for a second pole sign to be erected on Blockbuster Video's property. The City ordinance allows construction of only one pole/post sign to help reduce visual clutter that multiple signs can create. City Adminstrator Peterson recommended that the request be denied since the Petitioner has good visability with its existing signage. Motion by Smith, seconded by Serritella, to accept the City Administrator's recommendation and deny the request of Blockbuster Video for a second pole sign. Voting Aye: Bolger, Donahue, Locke, Smith, Serritella. Voting May: None. Abstained: Patterson Absent: Lieder, Adams. Motion carried. The Mayor asked staff to check into why there was no sidewalk in front of the Blockbuster Video location. INSTALLMENT FINANCING FOR FURNITURE AND POLICE COMRNICATIONS' EQUIPMENT: After authorization by the City Council, City Administrator Peterson sought proposals from local banking institutions for the installment purchase of new furniture and police communications' equipment for the new Municipal Center. Peterson received the following proposals based on a 48 month agreement with semi-annual payments: CLOSING FEE/ BANK NAME RATE SERVICE CHGE OPINION LETTER McHenry State Bank 5.9% ;0 City Attorney Opinion First Nat'l Bank/McHenry 6.0% i0 Bond Council Opinion Home State Bank 5.5 1% plus exp's Bond Council Opinion Peterson recommended that the City enter into two separate installment contract agreements. The furniture contract would be for $380,761 and the police communications would be for $117,547.31. Mayor Busse stated for the record that as an officer and director of The First National Bank of McHenry, he would not became involved in any of the discussion on the matter. Attorney Narusis explained the procedure and pointed out that two separate installment agreements with the vendors - one for each type of equipment (furniture and police communications) would be made. The vendors in turn would, in fact, sell the agreements to the bank. Bolger said he was satisfied with the good interest rate proposed but he thought that new sources of revenue needed to be found along with some cutbacks in spending and that he would reluctantly go along with the agreements since the City had to pay its bills. July 31, 1991 Regular Council Meeting Page 3. Motion by Donahue, seconded by Patterson, to concur with the recommendation of the City Administrator and: (1) accept the McHenry State Bank proposal of 5.9% interest rate for 48 months with no closing points or service charge along with the City Attorney's written opinion on the legality and tax exempt nature of the agreements; (2) authorizing the passage of two ordinances for the two separate installment agreements with the vendors for the furniture in the amount of $X0,761 and the police communications in the amount of $117,547.31; (3) authorize the City Administrator and City Attorney to work out the details of the contracts/agreements; and (4) authorize the Mayor and City Clerk to execute the contracts/agreements on behalf of the City. Voting Aye: Bolger, Donahue, Locke, Smith, Patterson, Serritella. Voting Nay: None. Absent: Lieder, Adams. Motion carried. ENGINEERING SERVICES AGREEMENT - TEST WELL DRILLING: Based on increased water usage and continued growth in the City, City Administrator Peterson and the Public Works Committee of the Council recommended that the City enter into an Enginnering Services Agreement with Baxter A Woodman for an amount not to exceed $20,000 to conduct test well drilling at different locations in the City, based on the following services: 1. Review potential sites considering location within the system, nearness to existing wells and types of underlying formations. 2. Prepare specifications, solicit proposals and assist in awarding a contract for the drilling and test pumping of test wells in up to 4 locations to be approved by City. 3. Monitor the drilling, analyze results and provide report and recommendations. 4. Review contractor's requests for payments and advise City of amounts due and payable. The costs for the actual drilling of the test wells will come before the Council for approval after proposals are solicited. Two hundred thousand dollars has been budgeted this fiscal year in the Capital Development Fund for engineering two new water production facilities. A conservative approach to adding new water production facilities is also being recommended, once the test wells are done. This approach would involve construction of the well but water treatment to occur only when the water demand increases. This would allow non -treated water to be available in an emergency and/or high use conditions. As the need for water from this well increased, the purification and filtration equipment would be installed. Peterson said that Well /1 on the north side of the current City Hail produces only 500,000 gallons/minute of poor quality water and is used only during high peak periods. If 1111 N. Green is sold, we may lose the use of this well. Bolger agreed that these two that during the hot, dry summer, hours a day even using well #I. pumps could burn out leaving the standby wells were needed in order during these dry, hot periods. new standby wells were needed stating the City's pumps were going almost 24 If that keeps on, one or more of the City in a predicament. These two new to give some of the other wells a rest Motion by Bolger, seconded by Donahue, to concur with the City Administrator and Public Works' Committee's recommendation and enter into an Engineering Services Agreement with Baxter A Woodman for an amount not to exceed $20,000 from the Capital Development Fund, for test well drilling; and to authorize the Mayor and City Clerk to execute said Agreement. Voting Aye: Bolger, Donahue, Locke, Smith, Patterson, Serritella. Voting Nay: None. Absent: Lieder, Adams. Motion carried. July 31, 1991 Regular Council Meeting Page 4. ACTUARIAL SERVICES FOR POLICE PENSION FUND: Annually, the State Department of Insurance provides the City with the tax levy requirements for the Police Pension Fund in accordance with the Illinois Pension Code. The levy amounts calculated by the Department of Insurance are subject to review. In order to ascertain whether the Department assumed figures are appropriate (they tend to be on the high side), a study of the fund must be conducted by a qualified actuary. Since there very few firms that do this type of service, two firms that qualified were contacted for proposal submittals: MAX OF FIRM Noble Lowndes Wyatt Company AMOUNT NOT TO EXCEED $4,000 $3.700 The City Administrator recommended that the City retain Wyatt Company at a cost not to exceed $3,700 to conduct the actuarialPolice Pension Fund study and determine the appropriate level of funding for the 1991-92 Tax Levy. Discussion followed on the merits of having the survey done, the cost of the survey, if others could provide the service at a lower cost and whether the outcome of the survey would be beneficial. Motion by Patterson, seconded by Serritella, to accept the recommendation of the City Administrator to retain Wyatt Company for an actuarial survey on the Police Pension Fund to determine the level of funding needed for the 1991-92 tax levy. Voting Aye: Locke, Serritella, Patterson, Smith. Voting May: Bolger Abstained: Donahue Absent: Lleder, Adams. Notion carried. FINAL PLAT - CHAPEL HILL CENTER: Since Carl Moon of Baxter & Woodman was now in attendance, the Final Plat of Chapel Hill Center was called again for discussion. Chapel Hill Center contains 7.74 acres, is located at the northwest corner of Route 120 and Chapel Hill Road and is outside the corporate limits of the City, but within the City's mile and one-half plan jurisdiction. The Preliminary Plat was approved by the Council on August 150 1990 and was subsequently reviewed by the County development department and the Plan Commission. The City Plan Commission, after considering the Final Plat on June 6, 1991, approved it contingent upon the following conditions being met: 1. That a 3 foot high earthen berm with evergreen plantings (with a total mini" height of 6 feet) be installed at the rear lot lines of Lots 2, 3, 4 and 5 as each of these lots is developed; and said berm be subject to proper drainage and engineering design requirements; and that the screening/landscaping be constructed using sound landscape design and standards; 2. That Lot 6 be developed for residential use only; 3. That the subject development, all engineering for it, including the aforementioned berm, receive the approval of the City Engineers; 4. That the Certificates contained on the Final Plat meet those requirements as stated in the City Attorney's correspondence of 4-30-91. 5. That the Final Plat include all of the following information: a. Name of developer; b. Name of owner; C. Radius of curve; d. Name of Engineer; e. Acreage of property; size of each lot; and f. Scaled drawing. July 31, 1"1 Regular Council Meeting Page S. Busse asked if the Petitioner wanted to make any comments. Mr. Ron Bykowski requested that the Council approve the Plan Commission recommendation, but only after eliminating number 1 and number 2 of the above conditions. Regarding number 2, he felt if it were approved by the Council he would have problems with the County due to the fact that the property was already zoned Commercial. Regarding number 1, Bykowski said he would abide by whatever the County ordinances were for screenings, plantings and berming. He believed a considerable amount of engineering would be needed for putting in a 3 foot high berm. There could be problems with drainage into the areas of the septic systems. Bolger ask how he would propose to protect the residential area from the commercial back -yard. Bykowski said the 3 foot berm and 6 foot high plantings were too restrictive because he would be working within the area of the septic field. He said the screenings would be in compliance with County ordinances. Patterson said he definitely had a problem with Lot 6 being developed commercially being so close to the residential area. Regarding point number 1, he suggested that if a berm was not put in, then a natural barrier be put up to protect the neighbors. Narusis said that aside from the preferences expressed for residential use, the fact is the Plan Commission has no jurisdiction to address zoning, in fact, neither does the County Board. The only way that the zoning could be addressed in the context of this project would be for a Petition to be filed before the County Zoning Board. Busse asked Narusis if, because of the way it was being configured, with Lot 6 located behind the other lots fronting on Route 120, that the use of Lot 6 as commercial property seems to become meaningless and would be limited. Marusls said the issue of combining Lot 6 with the other lots was discussed at the Plan Commission meeting with Bykowski stating that he was not prepared to do that as there was a community well and water tower on the lot, which now services Lot 6 and would soon service the other S. With the well and tower on it, Bykowski said no one would want to build a residence on it either. There is also a large barn on the property that was used as a community house which he plans on converting and possibly thought a neighborhood business would be a good use for it. Carl Moon of Baxter A Woodman, addressed the issue of the size of the water mains and location. He said because of the future possibility that this property could be annexed and the City purchase the private water company, they would recommend that an B-inch water main be used instead of the 6-inch being proposed by the Petitioner's engineers. Our Subdivision Control Ordinance also requires that water mains be within the right-of-way for ease of access and not in rear yard easements, which is where they would be if this subdivision is approved. Although the County had recently passed a new Zoning Ordinance with stricter screening requirements, all the Aldermen expressed concern over having enough screening to protect the residential property from the commercial activity. Patterson stated for the record that he believed Lot 6 was not a viable lot for commercial use inasmuch as it was too close to the residential development. Motion by Patterson, to accept the recommendation of the Plan Commission and approve the Final Plat of Chapel Hill Center with the five conditions as stated but changing condition 02 to read that 'Lot 6 not be developed for Commercial use" Disscussion followed. Busse stated that all of the subject property was zoned Commercial by the County and only the City's Subdivision Control Ordinance applies as to planning and not zoning. Serritella agreed stating that she believed the City could not enforce the rezoning of the property. We can ask for better screening to protect the residents, but we cannot deny the property owner's right to develop Lot 6 commercially, she said. July 319 1991 Regular Council Meeting Page 6. There being no second to Patterson's notion, the notion failed. Notion by Bolger, seconded by Donahue, to accept the recommendation of the Plan Commission and approve the Final Plat of Chapel Hill Center with the exception that condition #2 read 'Lot 6 to remain commercial but not be developed until the developer comes back to the City Council with a specific plan' and, as to condition #1, that the 3 foot high earthen berm be eliminated and that the developer put in an equilivant screening to a height of 6 feet as installed. Discussion again followed. Regarding condition #'t, Smith stated that he did not believe the City had the right to make the developer came back after the Council approves the Plat. He asked Narusis how we could enforce that. Narusis said if the County ignores your recommendation, there would be no way for the City to enforce it. Notion by Smith, seconded by Serritella, to amend the original motion by eliminating condition #2 altogether and rely on the County to do the right thing. Voting Aye: Bolger, Donahue, Smith, Locke, Serritella. Voting Nay: Patterson. Absent: Lieder, Adams. Motion carried. Notion by Serritella, seconded by Locke, to amend the original motion again, by not requiring an 8 inch water main to be installed, but allow the 6 inch water win to be installed and to allow the water main to be placed in the rear easement of the property as proposed. Voting Aye: Bolger, Donahue, Smith, Locke, Serritella. Voting Nay: Patterson. Absent: Lieder, Adams. Notion carried. The original motion now reads: Motion by Bolger, seconded by Donahue, to accept the recommendation of the Plan Commission and approve the Final Plat of Chapel Hill Center with the following conditions as amended: 1. That 6 feet high evergreen plantings, or the equivalent, be installed at the rear lot lines of Lots 2, 30 4 and 5 as each of these lots is developed using sound landscape design and standards; 2. That all engineering for the final plat be subject to the approval of the City Engineers and that an easement for a future water main be granted along the westerly 15 foot properiy line of Lot 5; 3. That the Certificates contained on the Final Plat meet those requirements as stated in the City Attorney's correspondence of 4-30-91. 4. That the Final Plat include all of the following information: a. Name of developer; b. Name of owner; C. Radius of curve; d. Name of Engineer; e. Acreage of property; size of each lot; and f. Scaled drawing. 5. That a 6 inch water main as proposed, be placed in the rear easement, instead of the front right-of-way. l Voting Aye: Bolger, Donahue, Smith, Locke, Serritella. Voting Nay: Patterson. Absent: Lieder, Adams. Notion carried. The Mayor called a recess at 9:50 p.m. The Council reconvened at 10:05 with everyone still to attendance. July 319 1991 Regular Council Meeting Page 7. M YOR - STATEMENT AND REPORTS: The Mayor recognized Attorney Dan Curran. Curran appeared to give a status of the Holy Apostles Church annexation. He stated that the final draft of the Annexation Agreement had been reviewed by the City Attorney and was now ready for signatures, and then the Ordinances and Plat of Annexation could be recorded. The Mayor suggested that the Finance Committee meet for the purposes of the 1991-92 Tax Levy due 1n December and to look at the possibility of some sort of funding for NISRA (Northern Illinois Special Recreation Assoc.). Peterson said that the funding requirements are about s.02 per hundred dollars of assessed valuation which amounts to about $36,000. With the new law that was recently passed on the 5% real estate cap, that amount would represent about a 3.8% increase in our levy. Since only 62 City residents partake of the services, maybe the Committee could come up with some alternative choices. COMMITTEE REPORTS: Alderman Bolger reported on the following recommendations made by the Public Works Committee at their meetings of July 2 and July 24: (1) CITV WIDE CARPET BUILDING PARKING LOT: The Committee recommended that the City Council approve a mutually beneficial agreement with the building's owner whereby the City would pave and maintain the paved portions of the parking lot in return for a permanent parking easement. Motion by Bolger, seconded by Serritella, to accept the recommendation of the Public Works Committee and direct that a mutually beneficial agreement be negotiated and drafted by the City Attorney and City Administrator in which the Owner of City Wide Carpet building would grant the City a public parking easement, amortizing the cost of the Ciiy paving the parking lot so that if the building were sold or leased, the City would recover a pro-rata share and recapture some of the money spent for improving the lot; and for the City Attorney to determine 1f the Cii~y can grant the Owner a permanent easement over the City's entrance easement from Route 120 to the parking lot. The final draft of the agreement is to then come before the Council for approval. Voting Aye: Bolger, Donahue, Voting May: Locke, Patterson, Absent: Lieder, Adams. There being a tie vote, the Mayor cast carried. Serritella, Busse. Smith an dye vote and declared the motion (2) BRETONS' DRIVE DRAINAGE: To solve a drainage problem on Bretons' Drive, three firms were solicited to provide proposals to solve the problem with only one firm responding, namely, Bell Landscaping. The Public Works Committee made a recommendation that should the developer, Granite Builders, agree to Bell's proposal, the following conditions must be met: (a) The City be authorized to supervise the work; (b) The work may not take place without signed releases from all affected residents granting temporary access to their property; (c) The City must be indemnified by the residents and developer from future responsibility for drainage once the grades haven been restored according to the approved engineering plan requirements. A meeting will be called of all concerned parties if Granite Builders accepts the proposal. Motion by Bolger, seconded by Serritella, to accept the Committee's recommendation and propose to Granite Builders that they: (1) accept the proposal of Bell Landscaping; (2) accept responsibility for payment of the bill; and (3) agree to the above listed conditions. Voting Aye: Bolger, Locke, Smith, Patterson, Serritells. Voting Nay: Donahue. Absent: Lieder, Adams. Motion carried. July .319 1991 Regular Council Meeting Page B. (3) SPECIAL ASSESSMENT/SPECIAL SERVICE AREA - COUNTRY CLUB ESTATES: In response to numerous requests for information on extending the sanitary sewer system to Country Club Estates, the Committee recommended that the City Council approve a mail survey to guage the interest of property owners in Country Club Estates Subdivision (Fairway, Skyway, Ronda and Valley Roads) to extend the sanitary sewer to their area. A Committee Meeting of the Whole would be conducted after completion of the survey to present more detailed information to the residents. Notion by Bolger, seconded by Donahue, to authorize the staff to send out a survey to the property owners in the Country Club Estates Subdivision to guage the interest of extending the sanitary sewer to their area. Voting Aye: Bolger, Donahue, Locke, Smith, Patterson, Serritella. Voting Nay: None. Absent: Lieder, Adams. Notion carried. The Committee also recommended that the Council study an increase in water rates to at least replace revenues formerly generated by the Lakeland Park/Shores surcharge, which will expire in May, 1992. Alderman Patterson announced that the Parks Committee Meeting scheduled for August 12, 1991 has been rescheduled to August 26, 1991 at 7:30 p.m. Alderman Smith announced a Building A Zoning Committee meeting for August 5, l"i . (This meeting was later cancelled due to a Zoning Hearing scheduled for that evening. The Committee meeting was rescheduled for August 19, 1991 at 7:30 p.n.) Motion by Bolger, seconded by Serritella, to reserve the use of Well !1 for an indefinite period of time and secure a 10 foot easement along the southerly edge of Boone Creek that runs beside 1111 N. Green Street when the building is sold. Voting Aye: Bolger, Donahue, Locke, Smith, Patterson, Serritella. Voting Nary: None. Absent: Lieder, Adams. Notion carried. DEPARTMENT NE71D REPORTS: Peterson ask for direction on how to proceed with the audio-visual equipment for the new Municipal Center. Notion by Smith, seconded by Patterson, to proceed with the bidding process on the audio/visual equipment asking for various alternates on the equipment with the City Administrator to determine the alternates to be bid. Voting Aye: Bolger, Donahue, Locke, Smith, Patterson, Serritella. Voting Nay: None. Absent: Lieder, Adams. Notion carried. Peterson reported on the ongoing issue with the contractor who installed the water/sewer lines to the Municipal Center. The contractor had been challenged under the Prevailing Yage Act by the Illinois Department of Labor. Because of this, the City was withholding approximately $62,000 in payments to the contractor. The Department of Labor man -in -charge called Public Works Director Batt today and told him he appreciated the way the City worked with the Department in resolving the matter and that the Department would be comfortable if the City withheld one-third or $20,000 of the S62,000 and released $42,000 to the contractor, who needs the money in order to comply with the Prevailing Wage Act. Peterson asked for authorization to release the payment of $42,D00 to the contractor. Notion by Patterson, seconded by Smith, to authorize payment to Blackmore Construction in the amount of $42,000 and withhold approximately $20,000 until further authorization is made to release these funds by the Department of Labor. r July 31, 1991 Regular Council Meeting Page 9. Voting Aye: Voting Nay: Absent: Motion carried. Bolger, Donahue, Lake, None. Lieder, Adams. Smith, Patterson, Serritella. Chief Joyce reported on the seizure of a piece of real property in the City valued at approximately $129,000. The seizure arose from a narcotics investigation conducted by the Police Department. Federal law permits the forfeiture of property used to facilitate the commission of serious drug offenses. The resulting forfeiture of the property allows the property to be sold with most of the money coming back to the City to be used in future narcotics investigations. NEV BUSINESS: Patterson asked that on the next City newsletter the new Municipal Buildingr'}elephone numbers be printed in large letters. Patterson and Smith reported on taverns that were selling beer outside during Fiesta Days sidewalk sales (Sunday), when it was not allowed. The Mayor said he would review the matter with the Chief and possibly review the policy of allowing outside beer sales at all. Serritella complimented and thanked those City staff members who worked during the open -house weekend at the new Municipal Center. Donahue asked if a Special Meeting date could be set for discussing the new Municipal Center status and the sale of the old municipal building. Peterson suggested Thursday, August 22, 1991 at 7:30 p.m. The Mayor and Aldermen agreed. Responding to the allowance of beer sales during Fiesda Days sidewalk sales, Donahue said she believed that .beer sales should not •be a major event during Fiesda Days. She felt that by curtailing the sales, a lot of problems were eliminated. The focus of Fiesda Days should be on families and not beer sales. The Council recessed at 11:10 p.m. The meeting reconvened at 11:20 p.m. with everyone in attendance. l ic Motion by Bolger, seconded by Patterson, to go into Executive Session to discuss potential litigation. Voting Aye: Bolger, Donahue, Locke, Smith, Patterson, Serritella. Voting Nay: None. Absent: Lieder, Adams. Motion carried. Motion by Bolger, seconded by Patterson, to go back into Open Session at 11:45 p.m. Motion by Bolger, seconded by Patterson, to sustain the previous action taken by the City Council in awarding the Police Communications contract to Radicom and authorizing the Mayor to state this in a letter to the rejected bidder. Voting Aye: Bolger, Donahue, Smith, Patterson, Busse. Voting May: Locke, Serritella. Absent: Lieder, Adams. The motion requiring an affirmative vote of 5, the Mayor voted aye. Motion carried. Motion by Smith, seconded by Patterson, to adjourn. Voting Aye: Bolger, Donahue, Locke, Smith, Patterson, Serritella. Voting May: None. Absent: Lieder, Adams. Motion carried. Meeting adjourned at 11:50 p.m.