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HomeMy WebLinkAboutMinutes - 06/15/2015 - City CouncilREGULAR MEETING June 15, 2015 Mayor Low called the regularly scheduled June 15, 2015 meeting of the McHenry City Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Curry, Wimmer and Condon. Absent: Peterson. Also in attendance were City Administrator Morefield, Director of Economic Development Martin, Director of Finance Lynch, Director of Public Works Schmitt, Chief of Police Jones, City Attorney McArdle, City Engineer Pieper and City Clerk Jones. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. CALL TO ORDER THE CONTINUED PUBLIC HEARING REGARDING THE PRELIMINARY ENVIRONMENTAL IMPACTS DETERMINATION (PEID) FOR THE PROPOSED DECOMMISSIONING OF THE CITY'S CENTRAL WASTEWATER TREATMENT PLANT AND CONSOLIDATION WITH THE CITY'S SOUTH WASTEWATER TREATMENT PLANT, Mayor Low called to order the continued Public Hearing regarding the Preliminary Environmental Impacts Determination (PEID) for the proposed decommissioning of the City's Central Wastewater Treatment Plant and consolidation with the City's South Wastewater Treatment Plant at 7:03 pm. She announced on June 1, 2015, the City Council moved to continue the hearing to this evening. City Administrator Morefield reported the Public Hearing notice was published in the iVorthwest Herald and Chicago Tribune on June 5, 2015 and the IEPA Project Summary and Preliminary Environmental Impacts Determination Report dated June 3, 2015. The public has an additional 10 days following the Public Hearing date to submit written comments to the city or the IEPA. Mayor Low asked for comments from the Public in attendance and there were none. Mayor Low asked for comments from the City Council. One comment was made by Alderman Glab who noted the city was too far into the process to turn back now. Motion by Wimmer, second by Santi to close the Public Hearing regarding the Preliminary Environmental Impacts Determination (PEID) for the proposed decommissioning of the City's Central Wastewater Treatment Plant and consolidation with the City's South Wastewater Treatment Plant at 7:05 pm. Voting Ave: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried, The Public Hearing was closed at 7:05 pm. Regular Meeting Page 2 June 15, 2015 CALL TO ORDER THE PUBLIC HEARING REGARDING A PROPOSED AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE PRESERVES AT BOONE CREEK Mayor Low opened the Public Hearing regarding a proposed amendment to the Annexation Agreement for the Preserves at Boone Creek at 7:05 pm. City Administrator Morefield reported that on April 11, 2005, the City Council approved execution of an Annexation Agreement for subdivision and development of approximately 300 acres of property north of Bull Valley Road and east and west of Curran Road. The Agreement included approval of a concept plan for the development of 414 single-family homes, 136 townhome dwelling units and commercial property at the intersection of Bull Valley and Curran Roads. The development was annexed and zoned, however the project did not move forward due to the downturn in the economy. Because of increasing traffic and safety concerns at the intersection of Curran Road and Bull Valley Road, the completion of roadway improvements to the intersection has become an important issue to address. The City of McHenry was awarded Surface Transportation Program (STP) funding through the McHenry County Council of Mayors to complete the improvements to the intersection for installation of a traffic signal; corresponding roadway widening; and construction of turn lanes at Curran Road and Bull Valley Road. However, additional right-of- way along Curran and Bull Valley Roads is necessary to complete the project. Mr. Morefield reported property owner Roger Gerstad representing Gerstad Builders, has agreed to dedicate the right-of-way required to complete the project upon approval of an amendment to extend the terms of the agreement an additional 10-years to 2035. Mr. Gerstad was present at the meeting. City Administrator Morefield informed Council that atwo-thirds majority (6 votes from Council) is required, including Mayor LOW'S vote, is required for approval. Mayor Low asked for comments from the Public in attendance and there were none. Mayor Low asked for comments from Council: Alderman Glab expressed concern regarding the $400,000 contribution, as written in the original Annexation Agreement. He opined costs have increased since the agreement was approved and suggested the amount of contribution be increased. City Administrator Morefield responded that staff is cognizant of the increase in expenses however; the city is being offered additional property by Mr. Gerstad. Alderman Glab expressed concern about references made in the original agreement regarding the McHenry Bypass. He commented that he is doubtful the McHenry Bypass will Regular Meeting Page 3 June 15, 2015 come to fruition and requested all references to the McHenry ByPass be removed from the document. Alderman Schaefer concurred with Alderman Glab regarding the amount of contribution. And probable increased costs for the project. City Administrator Morefield reiterated to Council that the city is not purchasing the property for the right-of-way. Motion by Condon, second by Wimmer, to close the Public Hearing regarding a proposed amendment to the Annexation Agreement for the Preserves at Boone Creek at 7:22 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The Public Hearing was closed at 7:22 pm. MOTION TO APPROVE AN ORDINANCE AUTHORIZING THE MAYOR AND THE CITY CLERK'S EXECUTION OF THE FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE PRESERVES OF BOONE CREEK Mayor Low called for a motion the approve the Ordinance authorizing the Mayor and the City Clerk's execution of the First Amendment to the Preserves of Boone Creek Annexation Agreement between the City of McHenry, First Midwest Bank Trust No. 4562, First Midwest Trust No. 13375 and Gerstad Builders. Alderman Glab stated he is unable to support the Amendment to the Annexation Agreement. Alderman Schaefer concurred with Alderman Glab, citing it has been 10-years since the original Annexation Agreement stating the amount of contribution concerned him. Mayor Low informed Council that Mr. Gerstad has demonstrated his company's committed to the development of the property. She emphasized that the City of McHenry needs the right-of-way. Responding to an inquiry from Council, Director of Public Works Schmitt informed Council the STP funding has been scheduled, the City of McHenry needs the right-of-way and should the right-of-way not be obtained, it is likely that the funding for the project will be lost to the City. Motion by Condon, second by Wimmer, to approve an Ordinance authorizing the Mayor and the City Clerk's execution of the First Amendment to the Preserves of Boone Creek Regular Meeting Page 4 June 15, 2015 Annexation Agreement between the City of McHenry, First Midwest Bank Trust No. 4562, First Midwest Trust No. 13375 and Gerstad Builders. Voting Aye: Wimmer, Condon, Mayor Low Voting Nay: Santi, Glab, Schaefer, Curry, Absent: Peterson. Motion denied. PUBLIC INPUT SESSION Mrs. Joyce Story, 1617 Leonard Avenue, addressed concerns to the Council about adult establishments and video gaming facilities in McHenry. Mr. Pat Miller, 747 Deerwood Trial, told the Council he is stepping down as President of the Girl's Pigtail Softball League and introduced Ms. Jeanne Salazar as the new President. Mr. Miller expressed he appreciation for the city's past collaborations with the Pigtail League. CONSENT AGENDA A. 2015 Prevailing Wage Ordinance; B. Renewal of Northern Illinois Police Crime Lab (NIPCL) Membership; C. Temporary Use Permit for Outdoor Sales at 3436 Shoppers Drive (Dick's Sporting Goods); D. Temporary Use Permit for the use of Petersen Park on October 10, 17, 18, 24, 25 and 31, 2015, as requested by the Wonder Lake Ski Team for the Haunted Hayride; E. Resolution of Support for Chicago Metropolitan Agency for Planning (CMAP) Technical Assistance Grant, to be submitted by the McHenry County Planning and Development Department; F. May 11, 2015 Committee of the Whole meeting minutes; G. May 18, 2015 City Council meeting minutes; H. Approval of Parks Special Use/Picnic Permits; I. Approval of As Need Checks; and J. Approval of List of Bills. Mayor Low pointed out a correction to the Consent Agenda Item D, which actually is a request for Temporary Use of the Petersen "Farm," not Petersen "Park." Motion by Wimmer, seconded by Curry, to approve the Consent Agenda. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. MOTION TO AUTHORIZE THE MAYOR'S EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT FOR DISPATCH SERVICES City Administrator Morefield reiterated to Council that currently the City of McHenry owns and operates a dispatch center (Center) that provides services to McHenry Police; Johnsburg Police; McCullom Lake Police; McHenry Township Fire Protection District; Marengo Fire; Marengo Rescue; and Union Fire. Regular Meeting Page 5 June 15, 2015 The Center is a full -service, 24/7 Center that currently operates with nine full time dispatchers and a pool of part time dispatchers to maintain two working dispatch positions at all times. All are trained in police dispatching, fire/EMS dispatching, and call -taking. The workload is currently shared by all equally. Prior to 2009, the Center operated with 10 full time dispatchers, which was reduced by attrition in an effort to reduce the financial burden of the City in a difficult economic client. Since 2009, the Center has seen a steady growth of workload in the form of 911 calls; non - emergency calls; implementation of emergency medical dispatch (EMD) protocols; and advancement in the field's overalls. City Administrator Morefield stated that since 2011, the McHenry Police Department has been evaluating the Center to ensure stability and potential growth. Between 2013 and 2015, the McHenry Police Department and the McHenry Township Fire Protection District (MTFPD) actively met as a team to evaluate the needs of the McHenry area community. During the evaluation process McHenry Police Chief Jones and MTFPD Fire Chief Huemann identified service to the community and safety and fiscal responsibilities as key points in developing a plan for the future and following the evaluation they agreed that a partnership between the two governmental agencies would benefit the McHenry community and surrounding areas and would create a stable environment for emergency dispatch services. City Administrator Morefield reported the plan for the partnership was presented to Council on June 1, 2015 and the MTFPD Board on June 2, 2015. The first phase of the partnership is the implementation of an Intergovernmental Agreement between the City of McHenry and the MTFPD. In the Agreement, the MTFPD agrees to pay an annual fee of $185,000 to the City of McHenry, with an option of reducing the fee as the City expands and provides services to new agencies. The City, in turn, agrees to: • Hire three (3) additional dispatchers, bringing the minimum full time staffing level to twelve (12) dispatchers; • Create a designated fire dispatch seat; and • Allow the MTFPD to provide input on the expansion and growth of the physical center; and develop an administrative oversight structure that would allow for equal decision making by McHenry Police and the MTFPD regarding policy development; development of best operational practices; and hiring new center employees City Administrator Morefield stated that it is anticipated that the Intergovernmental Agreement will be considered by the McHenry Township Fire Protection District Board at their meeting on June 18, 2015. Regular Meeting Page 6 June 15, 2015 Motion by Schaefer, seconded by Curry, authorizing the Mayor's execution of the Intergovernmental Agreement between the City of McHenry and the McHenry Township Fire Protection District. Voting Aye: Santl, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. MOTION TO ACCEPT THE PLANNING AND ZONING COMMISSION'S RECOMMENDATION AND ADOPT AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW A TAVERN WITH LIVE ENTERTAINMENT AND A 55-SPACE PARKING VARIANCE FOR 4005 KANE AVENUE IN THE REMAX PLAZA SHOPPING CENTER City Administrator Morefield informed the Council that an application was submitted requesting a Conditional Use Permit to allow a tavern with live entertainment in Unit L of the property located at 4005 Kane Avenue. The subject property consists of 19,133 square feet of office, retail and commercial space, known as the REMAX Plaza Shopping Center. The property is currently zoned G5 Highway Commercial District and is surrounded by commercial and service uses to the north and east, multi -family residential to the west, north and south, and vacant land to the south. Staff believes the proposed tavern use with live entertainment is an appropriate land use for the subject property. The operator of the proposed tavern currently operates a successful business similar to the one being proposed tonight in Belvidere, Illinois. The tavern proposed at REMAX Plaza will include craft beer brands on tap and no food would be prepared on site. The applicant is also requesting permission to occasionally host light entertainment such as music and intends to install video gaming terminals. REMAX Plaza currently has 67 parking spaces, including three handicapped accessible spaces. The property is landlocked and unable to expand their parking. REMAX Plaza was constructed 29 years ago. The Planning and Zoning Commission unanimously recommended approval of a Conditional Use Permit to allow a tavern with live entertainment at 4005 Kane Avenue, Unit L, and approval of a 55 space parking variance for REMAX Plaza Shopping Center, with the condition that there be no on -site food preparation at 4005 Kane Avenue, Unit L, unless the Conditional Use Permit is amended by the City Council City Attorney McArdle stated that Item No. 12 is contingent upon approval of Item No. 11, as the issuance of a liquor license would be unnecessary without the Conditional Use. A brief discussion ensued. Alderman Wimmer asked if the applicant would be willing to forego video gaming for a period of one year to see if the location could support a tavern. Mr. Regular Meeting Page 7 tune 15, 2015 Kevin Olson representing the owner stated video gaming facilitates much revenue for the establishment. Motion by Condon, second by Wimmer, to approve an Ordinance allowing a tavern with live entertainment at 4005 Kane Avenue, Unit L; and an Ordinance granting a 55 space parking variance for REMAX Plaza Shopping Center, with the condition there be no onsite food preparation at 4005 Kane Avenue, Unit L. Mayor Low called for discussion and due to concerns expressed by Council, Director of Economic Development Martin suggested amending the Ordinance to specify only "unamplified music" be permitted excluding bands. Mr. Kevin Olson, representing the applicant informed Council they are willing to withdraw the request for live entertainment. City Attorney McArdle informed Mr. Olson that he could approach Council at a later date should entertainment be desired. Alderman Condon amended the Motion and seconded by Alderman Wimmer to approve an Ordinance allowing a tavern without live entertainment at 4005 Kane Avenue, Unit L; and an Ordinance granting a 55 space parking variance for REMAX Plaza Shopping Center with the condition there be no onsite food preparation at 4005 Kane Avenue, Unit L. Voting Aye: Santi, Schaefer, Condon, Mayor Low. Voting Nay: Glab, Curry, Wimmer. Absent: Peterson. Motion carried. CONDITIONED UPON APPROVAL OF AGENDA ITEM NO. 11,•_APPROVAL OF THE ISSUANCE OF A CLASS A LIQUOR LICENSE FOR CL QUICK STOP, INC D/B/A LUCKY POKER LOCATED AT 4005 KANE AVENUE, UNIT L, AND ORDINANCE INCREASING THE NUMBER OF CLASS A LIQUOR LICENSE IN EFFECT FROM 24 TO 25 Mayor Low informed Council that Ms. Cindy Le, registered agent and President of CL Quick Stop, Inc., has submitted an application for a Class A liquor license authorizing the sale of alcoholic liquors for consumption on premises and retail sale of packaged liquors. Ms. Le intends to open a tavern with video gaming called Lucky Poker at 4005 Kane Avenue, Unit L, in the REMAX Shopping Center. Ms. Le currently owns and operates two similar businesses with liquor licenses in Belvidere, IL and is conversant with the Illinois Liquor Control regulations. Mayor Low stated that she has met with Ms. Le and a background check has been performed by McHenry Police, with satisfactory results. All required paperwork has been submitted and all fees have been paid. Motion by Condon, seconded by Schaefer to grant a Class A liquor license to CL Quick Stop, Inc., d/b/a lucky Poker, at 4005 Kane Avenue, Unit L, with the condition that all Regular Meeting Page 8 June 15, 2015 employees involved in the sale and service of alcohol are certified in Beverage Alcohol Sellers and Servers Education and Training; and authorize the Mayor's execution of an Ordinance increasing the number of Class A liquor licenses from 24 to 25 in effect, as presented. Voting Aye: Schaefer, Wimmer, Condon, Mayor Low Voting Nay: Santi, Glab, Curry. Absent: Peterson. Motion carried. APPROVAL OF A BUDGET AMENDMENT, TRANSFERRING $192,321.47 FROM THE GENERAL FUND RESERVES TO THE CAPITAL IMPROVEMENTS FUND, FOR THE MCCULLOM LAKE ROAD IMPROVEMENT PROJECT City Administrator Morefield informed the Council that the McHenry County Council of Mayors awarded up to a maximum of $1,060,900 of Surface Transportation Program (STP) funds for McCullom Lake Road Improvements. STP funding will pay for up to 80% of the total cost of construction and Phases III engineering, with a local match requirement of 20%. City Administrator Morefield noted the City was responsible for 100% of the cost of Phase I and II engineering. The Council previously approved a Professional Services Agreement with HR Green, Inc., for Phase III engineering, in an amount not to exceed $129,826.66. In addition, the Public Highway At -Grade Crossing Improvement Agreement between Union Pacific Railroad and the City of McHenry approved by Council on February 2, 2015, calls for the City to reimburse the railroad for upgrades to the track crossing estimated at $75,000 (20% of the City's portion is $15,000). The approved 2015/2016 Capital Improvement Program includes $242,000 for the McCullom Lake Road Improvements Project with revenues from the Motor Fuel Tax Fund. City Administrator Morefield stated the total cost of the Project is $1,495,221.47, which includes Phase III engineering, construction and upgrades to the track crossing. The maximum STP funding for the Project is $1,060,000, leaving the total outstanding amount of $434,321.47. The Fiscal Year 2015/2016 CIP includes $242,000 of MFT funding for the Project, which reduces the outstanding balance to $192,321.47. Currently, there is insufficient funding available through the MFT program to fund the outstanding balance and be prepared to fund other MFT projects. The choice for the City is to utilize General Fund Reserves for the $192,323.47. City Administrator Morefield noted that rebidding the Project would likely not result in a lower bid amount; would delay the Project beyond this improvement year; and may result in the loss of the $1,060,900 in STP funds that are approved in this program year. Also, there are projects in other communities ready for funding in the STP program. General Fund Reserves, as of May 1, 2015, are $8,672,916. Of that amount, $3,733,992 represents 20% of the FY 2015/2016 budgeted General Fund Expenditures amount of $18,669,959 (without Capital Projects) and, pursuant to the City's policy, represents the minimum level of General Fund Reserves to be maintained. Therefore, there is approximately Regular Meeting Page 9 June 15, 2015 $4,938,924 in General Fund Reserves available to fund the $192,321.47 required for the McCullom Lake Road Project. MCCUIIom Lake Road is an important entranceway to the City of McHenry. It not only serves the commercial area along the Route 31/Richmond Road corridor, but also Petersen Farm and Petersen Park. As Council is aware, the current condition is extremely poor and McCullom Lake Road is one of the top streets the Staff has received resident and non-resident concerns about during the year. Delaying or choosing not to move forward with the McCollum Lake Road Project would result in continued and more severe degradation of the roadway. Motion by Schaefer, seconded by Wimmer, approving a budget amendment, in the amount of $192,321.47, from the General Fund Reserves to the Capital Improvement Fund, for the McCullom Lake Road Improvements Project, as presented. Voting Aye: Santi, Schaefer, Curry, Wimmer, Condon. Voting Nay: Glab. Absent: Peterson. Motion carried. APPROVAL OF THE MAYOR AND THE CITY CLERK'S EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. FOR AN AMOUNT NOT TO EXCEED $25,974 FOR ENGINEERING, DESIGN, BIDDING AND CONSTRUCTION OBSERVATION FOR THE FIELDSTONE LIFT STATION REHABILITATION PROJECT AND AUTHORIZATION TO ADVERTISE FOR COMPETITIVE BIDS FOR THE PROJECT. City Administrator Morefield stated the approved 2015/2016 Capital Improvement Program includes $330,000 for the design/observation engineering and construction of the Fieldstone Lift Station Rehabilitation Project, with funding from Water/Sewer revenues and $100,000 from the Legend Lakes Surety Bond. HR Green, Inc. has submitted a Professional Services Agreement for design engineering and construction observation. The scope of work includes preparation of detailed contract plans, cost estimates, assistance in bid tabulation, bid aware recommendation, field inspections, and payment recommendations. The engineering services fee is an amount not to exceed $25,974.00. Motion by Santi, seconded by Wimmer, approving a Professional Services Agreement with HR Green, Inc., for an amount not to exceed $25,974.00 for engineering design, bidding and construction observation and authorization to publicly bid the Fieldstone Life Station Rehabilitation Project, as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Regular Meeting Page 10 June 15, 2015 Motion carried. MAYOR STATEMENT AND REPORT Mayor Low informed Council that there was some confusion regarding the list of appointment for Council's consideration. The Standing Committees are by appointment of the Mayor and they were included in the list of appointment, in error, and presented at the Annual Meeting. Motion by Wimmer, seconded by Condon, approving the 2015/2016 appointments of Municipal Officers, as defined in the McHenry Municipal Code, as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Deputy City Administrator Hobson reported the Thursday, June 18, 2015 Summer Band Concert at 7:30 pm at Veterans Memorial Park will present a performance by Beatles Tribute Band Beatolution. Deputy City Administrator Hobson informed Council on Friday, June 18th, the movie Annie will be presented at Veterans Memorial Park at 6:00 pm for "Back to Family Outdoor Movie Night." On Saturday, June 191h, the annual McHenry Kiwanis Soapbox Derby will take place on Waukegan Road and the Miss McHenry Scholarship Pageant will take place beginning at 6:15 pm at the McHenry High School West Campus Auditorium. Sunday, June 28th from 10:00 am to 4:00 pm is the Landmark Commission's annual "A Day at Petersen Farm" event. Saturday, July 4, 2015, at Petersen Park the Jaycees Day Fireworks will be presented. Deputy City Administrator Hobson stated the gates open at 4:30 pm and musical entertainment begins at 5:00 pm. There s a $6.00 per vehicle fee charged for entrance to the park. Food and beverages will be offered in the park. A rain day is scheduled for Sunday, July 5th FUTURE AGENDA ITEMS Alderman Condon expressed concern about the consequences of denying the proposed Amendment to the Preserves of Boone Creek Annexation Agreement. Alderman Glab requested the dates of the meetings for the Public Works Committee. EXECUTIVE SESSION Regular Meeting Page 11 June 15, 2015 Motion by Wimmer, seconded by Schaefer, to adjourn to Executive Session to discuss Collective Negotiation Matters at 8:50 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Motion by Wimmer, seconded by Curry, to return to Open Session at 9:10 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Council returned to Open Session at 9:10 pm. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:11 pm. Voting Aye: Voting Nay: Absent: Motion carried. Ma Santi, Glab, Schaefer, Curry, Wimmer, Condon. None. Peterson. The meeting was adjourned at 9:11 pm. City Clerk