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HomeMy WebLinkAboutMinutes - 09/08/2014 - City CouncilREGULAR MEETING September 8, 2014 Mayor Low called the regularly scheduled September 8, 2014 meeting of the McHenry City Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson and Condon. Absent: None. Also in attendance were City Administrator Morefield, Deputy City Administrator Martin, Deputy City Administrator Hobson, Director of Finance Lynch, Director of Public Works Schmitt, City Attorney McArdle, Chief of Police Jones and City Clerk Jones. Absent: None. READING OF THE MISSION STATEMENT BY MAYOR LOW Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION Mr. Jim Wilkerson, 102 Norman Drive, addressed Council informing Council that his residence is in Park Ridge Estates in Ward 7. He stated that he is concerned because his oldest son recently began attending McHenry West High School and that due to the proximity of their residence to the school, his son walks to school. Both he and his wife, along with other parents in the area, are concerned with students crossing the four way intersection at Dartmoor and Crystal Lake Roads. If the students do not cross at Dartmoor they are forced to walk along the edge of Crystal Lake Road because there is no sidewalk present on the northbound side of Crystal Lake Road from Park Ridge Estates to the high school. Mr. Wilkerson noted that approximately one year ago crossing signals were installed to enable pedestrians to engage yellow signals to stop traffic in order to cross the street safely. Since the signals have been installed there have been many episodes of vehicles failing to stop when the signals are engaged by a pedestrian attempting to cross the street. Mr. Wilkerson stated that last week he spoke with Sergeant Walsh of the McHenry Police Department. Sergeant Walsh offered to have a police officer at the intersection during heavy pedestrian times, if an officer was available. However, an officer could not be assigned to the intersection on a permanent basis. Mr. Wilkerson requested that the Council consider another traffic evaluation at the intersection of Dartmoor and Crystal Lake Roads, and the possible installation of traffic lights to ensure the safety of residents of the area. Mr. Wilkerson thanked the Council for the opportunity to address this issue. Mayor Low informed Mr. Wilkerson that City Administrator Morefield would be in contact with him to discuss the matter further. Regular Meeting Page 2 September 8, 2014 CONSENT AGENDA A. Approval of a Resolution authorizing the local match for Ringwood Road improvements through the McHenry County Council of Mayors Surface Transportation Program; B.' Approval of a temporary use permit to allow live entertainment for Utopian Roast/Hidden Pearl Cafe, located at 1208 North Green Street; C. Approval to advertise for bids for holiday tree lighting; D. Approval to issue a contract purchase.order for road salt through the State of Illinois Joint Purchasing program to North National Salt Supply, not to exceed $141,504; and to waive bidding requirements and purchase 1,000 tons of road salt from Midwest Salt, in an amount not to exceed $118,750; E. Approval of a request from the McHenry City Police Officers Association/Rotary Club of McHenry to host the "No More Running Scared" Costume 5K Fun Run in the Legend Lakes subdivision, on Saturday, October 25, 2014, and permit the temporary closure of Cork Lane between Dartmoor Drive and Donegal Drive, from 8:30 am to 8:45 am; F. Approval of: a. Use of Veteran's Memorial Park, temporary advertising signs and waiver of all associated fees for the annual Downtown Business Association Christmas Walk on November 15 and November 16, 2014; and b. Temporary closure of Main Street, Green Street, Riverside Drive, Broad Street, Park Street and Court Street on November 23, 2014, for the annual Toys for Tots Parade. G. Approval for request from MACC to post temporary advertising signs in approved rights -of -way advertising Country Meadows Wine & Crafts Show in Veterans Memorial Park on September 21, 2014; H. Approval of July 21, 2014 City Council meeting minutes; I. Approval of Parks Special Use/Picnic Permits; and J. Approval of List of Bills: A-MIDWEST BOARD -UP INC 353.50 ACE TOWING & RECOVERY 133.00 ADAMS ENTERPRISES INC, R 64.07 ADAMS STEEL SERVICE INC 597.37 AGS REBUILDERS 179.00 AMERICAN RED CROSS 237.00 ASK TECHNICAL SERVICES I 967.15 AT&T LONG DISTANCE 197.81 AUTO TECH CENTERS INC 459.08 BAKER & SON CO, PETER 9,842.71 BARBATO, EMIL 30.75 BEHRNS, LESLIE 312.50 BLACKSTONE LANDSCAPE INC 8,949.00 BS&A SOFTWARE 10,560.00 BUCK BROS INC 481.89 BUSS FORD SALES 79,099.65 CASEY EQUIPMENT COMPANY 780.10 CDW GOVERNMENT INC 678.21 CENTEGRA OCCUPATIONAL HE 173.70 CHAPEL HILL FLORIST INC 48.00 CHRISTY, LINDA 378.00 COMED 6,629.92 COMMUNICATIONS REVOLVING 10.00 CONSTELLATION NEWENERGY 34,570.39 COUNTY CLERKS OFFICE 10.00 CRESCENT ELECTRIC SUPPLY 274.17 CUMMINS NPOWER LLC 850.00 DILLON, JOHN 65.00 DIRECT ENERGY BUSINESS 819.65 DIXON ENGINEERING INC 1,800.00 DOCUMENT IMAGING DIMENSI 922.00 DREISILKER ELECTRIC MOTO 260.09 DUECO INC 818.00 DURA WAX COMPANY INC, TH 78.20 ED'S RENTAL & SALES INC 105.00 EJ EQUIPMENT 1,813.84 ELM STREET HOMES 18.44 ENVIRONMENTAL RESOURCE A 104.54 ETS 22.39 FGM ARCHITECTS 76,540.00 FISCHER BROS FRESH 4,051.00 FOX VALLEY FIRE & SAFETY 195.00 Regular Meeting Page 3 September 8, 2014 FOXCROFT MEADOWS INC 668.00 FUTURE LINK OF ILLINOIS 2,122.46 GALLAGHER RISK MANAGEMEN 29.00 GALLS LLC 432.78 GERAGHTY, MARCI 5.60 GESKE AND SONS INC 80.46 HACH COMPANY 1,564.17 HAWKINS INC 7,039.71 HBK WATER METER SERVICE 2,446.50 HD SUPPLY WATERWORKS 520.18 HRGREEN 96,077.82 HYDRAULIC SERVICES AND R 1,318.74 IDIAI 70.00 ILLINOIS FBI NA 75.00 IMMEDIA SYSTEMS 82.50 IMPRESSIVE IMAGES 192.00 IRISH PRAIRIE RECREATION 1,625.00 IXII TRAINING 80.00 J G UNIFORMS INC 2,258.09 JETT, AMBER 50.00 KARKI, STEVE 56.00 KIESLER'S POLICE SUPPLY 1,126.87 KIMBALL MIDWEST 1,114.42 KIRCHNER FIRE 408.00 LANG -CADILLAC-BUICK-GMC 30.15 LESNIAK, JOHN 409.00 MARK'S PLUMBING PARTS 10.79 MCANDREWS PC, THE LAW OF 5,175.00 MCAULIFF & SEMROW PC 637.50 MCCAFFERTY, BRITTANY 160.00 MCCANN INDUSTRIES INC 2,533.54 MCCORMICK, JENISE M 341.26 MCHENRY ANALYTICAL WATER 300.00 MCHENRY COUNTY RECORDER 250.00 MCHENRY FIRESTONE 121.98 MCMASTER-CARR SUPPLY CO 120.62 MERTZ, GARY 103.17 METROPOLITAN INDUSTRIES 1,369.05 MEYER MATERIAL COMPANY 183.49 MID AMERICAN WATER OF WA 332.36 MIDWEST METER INC 8,743.46 MINUTEMAN PRESS OF MCH 357.31 MOLNAR, JAMES 15.60 MORRIE AND SONS INC 150.00 MOTOROLA SOLUTIONS - STA 1,780.42 NATIONAL AWARD SERVICES 11.98 NICOR GAS 3,152.00 NORTH SHORE SANITARY DIS 600.00 NORTHERN TOOL & EQUIPMEN 344.33 O'CONNOR, MOLLY 80.50 OLSSON ROOFING COMPNAY I 66,930.75 OTTER SALES & SERVICE IN 956.15 PETROLIANCE LLC 15,515.65 PETROW, STEPHANIE S 50.00 PETTIBONE & CO, P F 73.20 PITNEY BOWES INC 255.00 PLAUTZ, MOLLY 20.00 POLLACK, ROBERTA 55.00 POTSIE'S SOILS 1,400.00 PRIORITY DISPATCH 1,490.00 PROSAFETY INC 239.93 PSP-BROOKFIELD 6.14 REINDERS INC 461.41 REISHUS, DEIRDRE 426.25 RELIABLE MAINTENANCE INC 415.00 RELIABLE SAND & GRAVEL 109.58 RESERVE ACCOUNT 805.61 RNOW INC 1,206.37 ROC CONSTRUCTION SUPPLY 95.76 RUSH TRUCK CENTERS OF IL 487.02 Regular Meeting Page 4 September 8, 2014 RYBA, RON 57.93 SALGADO, MANDY 22.00 SHERWIN INDUSTRIES INC 458.75 SMITH, JACKSON 16.11 SMITH, WILLIAM 150.00 ST PAULS EPISCOPAL CHURC 220.60 STAPLES ADVANTAGE 1,489.10 STATE TREASURER IDOT 5,997.33 STUDIO 222 ARCHITECTS 2,135.96 TAPCO 211.20 TEAMUNIFY LLC 1,099.00 THELEN MATERIALS LLC 587.59 THEODORE POLYGRAPH SERV 135.00 TONYAN BROS INC 814.15 TRAFFIC CONTROL & PROTEC 505.60 TRIKHA, SHEEL K 2,782.00 TYLER TECHNOLOGIES 5,000.00 UNITED PARCEL SERVICE 140.85 USA BLUEBOOK 1,036.84 VALLEY VIEW ACRES 255.00 WAREHOUSE DIRECT 600.00 WASTE MANAGEMENT 3,195.00 WASTE MANAGEMENT OF WI P 7,980.10 WATER PRODUCTS - AURORA 1,520.08 WATER SOLUTIONS UNLIMITE 5,300.00 ZUKOWSKI ROGERS FLOOD & 13,895.00 GRAND TOTALS 537,840.94 FUND TOTALS GENERAL FUND 107,157.16 PAGEANT FUND 192.00 ALARM BOARD FUND 195.00 MOTOR FUEL TAX FUND 394.57 TIF FUND 701.25 RECREATION CENTER FUND 96,940.00 CAPITAL IMPROVEMENTS FUND 75,572.43 CAPITAL EQUIPMENT FUND 90,572.00 WATER/SEWER FUND 160,724.66 RISK MANAGEMENT FUND 92.70 INFORMATION TECHNOLOGY FUND 3,426.67 RETAINED PERSONNEL ESCROW 1,872.50 TOTALS 537,840.94 Alderman Santi requested that Item I, Approval of Parks Special Use/Picnic Permits, be voted on as a separate item. Alderman Santi explained that his family is planning an event and he will be abstaining from the vote on this item. Alderman Peterson asked that Item C, Approval to advertise for bids for Holiday Tree Lighting, be pulled from the Consent Agenda and voted on as a separate item. Motion by Santi, seconded by Peterson, to approve the Consent Agenda, as amended. Voting Aye: Santi, Schaefer, Blake, Wimmer, Condon, Peterson. Voting Nay: Glab. Absent: None. Motion carried. Alderman Glab opined that he does not recall seeing any plan regarding the Ringwood Road Improvements. Regular Meeting Page 5 September 8, 2014 Motion by Schaefer, seconded by Blake, to approve Item C on the Consent Agenda, approval to advertise for bids for Holiday Tree Lighting, as presented. Voting Aye: Santi, Schaefer, Blake, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. Alderman Schaefer opined that he really enjoys the holiday lighting in Veterans Memorial Park. Alderman Blake concurred. Alderman Peterson stated that City employees do an excellent job on the holiday decorations and that outsourcing the holiday lighting is unnecessary. Alderman Condon stated that she likes the way the holiday lighting looks. She opined that the company providing the service has the equipment and expertise to display the lights in the trees at extreme heights. Alderman Glab finds the holiday lights uplifting but concurred with Alderman Peterson that it is costly; however he finds it difficult to support if the decorations are the same year after year. Motion by Condon, seconded by Wimmer, to approve Item I on the Consent Agenda, approval of Parks Special Use/Picnic Permits. Voting Aye: Glab, Schaefer, Blake, Wimmer, Condon, Peterson. Abstain: Santi. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF A REQUEST FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO WAIVE WATER SERVICE CONNECTION FEES FOR 1102, 1106, 1109 AND .1107 N. RIVER ROAD AND APPROVE ORDINANCES ANNEXING 1102 N. RIVER ROAD AND 1106 N. RIVER ROAD City Administrator Morefield informed Council that between December 2012 and September 2013, the Illinois Environmental Protection Agency ([EPA) and the McHenry County Department of Health collected groundwater samples in an area east of and adjacent to the Fox River on both the north and south sides of Route 120. Sample results from several private wells indicated the presence of chlorinated solvents at concentrations above the United States Environmental Protection Agency (USEPA) drinking water Maximum Contaminant Level (MCL). The IEPA also collected groundwater samples throughout the site using a Geoprobe Unit, which indicated additional locations of contamination. Regular Meeting Page 6 September 8, 2014 At the July 6, 2009 Council meeting, at the request of the IEPA, Council authorized an Engineering Services Agreement with SEC Group, Inc. for the surveying and engineering design for the East Side Water Main Extension Project, in an amount not to exceed $57,095. In November of 2012 the IEPA requested assistance from the USEPA to conduct additional samplings of private wells and groundwater. The USEPA sampled four rounds of quarterly private drinking water samples between December 2012 and September 2013. The result of the samples concluded the presence of chlorinated solvents in four residential homes on River Road, south of Route 120, two of the homes exceeding the MCL. The USEPA is currently providing bottled water to those residences. City Administrator Morefield informed Council that the USEPA has authorized $405,570 in funding to extend the City of McHenry's water distribution system as designed by SEC Group, Inc. dated December 31, 2009. The USEPA has requested that the City of McHenry waive all water connection fees in this action. Additional proposed actions include: • Development and implementation of a Site Health and Safety Plan; • Continuing bottle water delivery to residents with contaminated wells until connected to municipal water; • Installing water service connections and required plumbing; • Abandonment of residential wells; and • Conduct residential well sampling at homes adjacent to the groundwater plume for a period not to exceed twelve months. The USEPA intends to contract directly with a contractor to perform all related construction and City Staff will provide construction observation. Construction is anticipated to commence in Fall 2014. City Administrator Morefield noted that the properties at 1102 and 1106 River Road are outside of the City of McHenry corporate boundaries and the property owners are petitioning for annexation. Staff recommends approval of the USEPA's request for Water Service Connection Fee Waiver for 1102, 1106, 1107 and 1109 River Road; and approval of the Ordinance annexing 1102 and 1106 River Road. Alderman Glab suggested there should be some agreement between the individual property owners and the City of McHenry. He expressed concern about the waiver of fees if the annexation does not culminate. City Attorney McArdle explained that no agreement is necessary because no consideration is being exchanged. Responding to Alderman Schaefer's inquiry regarding other properties in the area, Director of Public Works Schmitt advised Council that 1102, 1106, 1107 and 1109 are the properties that were sampled; other homes in the area did not permit entry to the property. Regular Meeting Page 7 September 8, 2014 Director Schmitt informed Council that Staff is currently working on a letter and intends to provide the letter to all property owners in the area advising them of the contamination issues. City Attorney McArdle informed Council that a Release was requested in case the situation with the water worsens. The USEPA refused to provide a Release. Responding to Alderman Condon's inquiry regarding whether other homes could make the same request if this request is approved, Director Schmitt stated that any future requests would have to go through the same process. Alderman Condon suggested that the waiver of fees be contingent upon the execution of an Annexation Agreement. Attorney McArdle stated in this case there is no Annexation Agreement; the property is just annexing into the City of McHenry. City Attorney McArdle suggested that the waiver of fees be "subject to" annexation. Alderman Santi and Alderman Wimmer agreed to amend their Motion that approval of the USEPA's request for Water Service Connection fee. Waiver for 1102, 1106, 1107 and 1109 River Road, is subject to annexation of 1102 and 1106 River Road. Motion by Santi, seconded by Wimmer, approving the USEPA's request for Water Service Connection fee Waiver for 1102, 1106, 1107 and 1109 River Road, subject to annexation of 1102 and 1106 River Road. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon, Peterson. Voting Nay: None. Absent: None. Motion carried. Motion by Condon, seconded by Santi, approving the Ordinance annexing 1102 and 1106 River Road. Voting Aye: Low, Santi, Glab, Schaefer, Blake, Wimmer, Condon, Peterson. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE ADDITION OF A THIRD DRIVE-THRU SERVICE WINDOW, REQUESTED BY MCDONALD'S USA FOR THE BUSINESS LOCATED AT 4411 WEST ELM STREET City Administrator Morefield informed Council that in 2010 McDonald's Corporation obtained a Conditional Use Permit for a drive-in establishment in addition to variances from the lighting and landscaping requirements to construct their new prototype restaurant following demolition of the former McDonald's restaurant located on the site. Subsequently, two new Regular Meeting Page 8 September 8, 2014 restaurants have been constructed by McDonald's, one at the southeast corner of Park Place and Front Street and the other at the northeast corner of Richmond Road and McCullom Lake Road. City Administrator Morefield noted that at the latter two McDonald's three drive-thru service windows were installed. The first window is utilized for customer payments, the second window is where food is distributed and the third window is utilized if a customer's order requires more time to be processed. In that instance the car pulls forward and waits until the order is complete. Then the food is distributed through the third window. City Administrator Morefield stated that a third window was not originally constructed at the premises at 4411 Elm Street. In order for third window to be installed at the subject property an additional Conditional Use Permit is required. Staff's primary concern with installation of the third window is ensuring adequate space exists for one vehicle only to park, without impeding or compromising the safe on -site circulation for pedestrians and vehicles. City Administrator Morefield noted that the Planning and Zoning Commission unanimously recommended approval of a Conditional Use Permit to allow a drive-in establishment, which includes the addition of a third service window on the property located at 4411 Elm Street in accordance with the site plan, with the following conditions: 1. Area adjacent to the third window be striped/cross-hatched; 2. No more than one vehicle is parked adjacent to the third window at any one time; 3. Existing Conditional Use Permit and variances shall remain as previously approved, with the exception of the addition of a third service window. Alderman Condon opined that McDonald's have been a good partner to the City and the request is reasonable. Alderman Glab stated that the third window would be an asset to the workers at McDonald's during inclement weather. Motion by Condon, seconded by Schaefer, approving a Conditional Use Permit to allow a drive-in establishment, which includes the addition of a third service window on the property located at 4411 Elm Street in accordance with the site plan, with the following conditions: 1. Area adjacent to the third window be striped/cross-hatched; 2. No more than one vehicle is parked adjacent to the third window at anyone time; 3. Existing Conditional Use Permit and variances shall remain as previously approved, with the exception of the addition of a third service window. Regular Meeting Page 9 September 8, 2014 Voting Aye: Voting Nay: Absent: Motion carried. Santi, Glab, Schaefer, Blake, Wimmer, Condon, Peterson. None. None. COMMUNITY DEVELOPMENT COMMITTEE RECOMMENDATION TO APPROVE AN ORDINANCE ADOPTING VARIOUS TEXT AMENDMENTS TO THE MCHENRY ZONING ORDINANCE AND THE MUNICIPAL CODE PERTAINING TO MEDICAL MARIJUANA City Administrator Morefield reiterated to Council that in August 2013 the State of Illinois enacted the Compassionate Use of Medical Cannabis Pilot Program Act (the "Act"), which became effective January 1, 2014. The pilot program is scheduled to expire at the end of 2017. The proposed administrative rules governing the Act were published in the Illinois Register in April 2014. A Public Hearing on the proposed administrative rules was held on May 5, 2014 and a second was held on May 21, 2014. Prior to the issuance of any licenses, however, the administrative rules must be reviewed by the following departments: • Illinois Department of Agriculture; • Illinois Department of Professional Regulation; • Illinois Department of Public Health; and, • Illinois Department of Revenue. It is anticipated the proposed administrative rules governing the Act will be adopted within the next two to three weeks, after which the State of Illinois will begin accepting applications for medical marijuana cultivation centers and dispensaries. The Act permits one cultivation site in each of the 22 Illinois State Police Districts. Any one entity is eligible to receive up to three licenses for cultivation centers. Similarly, Dispensing Organization Districts were established statewide for up to 60 dispensary locations. McHenry County is considered a Dispensary Organization District and currently would be allocated one registration under the draft administrative rules. One entity may receive permits in up to five Dispensing Organization Districts throughout the state. City Administrator Morefield summarized the proposed rules for both the Cultivation Centers and the Dispensaries. City Administrator Morefield stated that Staff has been working with both the City Attorney and the members of the Community Development Committee in drafting an Ordinance regulating medical marijuana dispensaries and cultivation centers. City Administrator Morefield provided Council with a summary of the proposed Zoning Ordinance text amendments. He noted that the Community Development Committee unanimously recommended scheduling of a Public Hearing and to present various amendments to the City of McHenry Zoning Ordinance and Municipal Code regarding medical marijuana to the Planning Regular Meeting Page 10 September 8, 2014 and Zoning Commission. City Administrator Morefield stated that the Planning and Zoning Commission unanimously recommended approval of the proposed text amendments to the Zoning Ordinance pertaining to the regulation of medical marijuana dispensaries and cultivation centers. If the City Council concurs with the Community Development Committee and the Planning and Zoning Commission, approval is recommended of the Ordinance authorizing text amendments to the Zoning Ordinance and the Municipal Code pertaining to the regulation of medical marijuana dispensaries and cultivation centers. Alderman Condon stated that as a licensed mental health counselor she has concerns with addiction, however, the State of Illinois appears to have thoroughly covered all aspects of this matter and the key factor is that the dispensaries are not open to the public but are for medical use only. Responding to Alderman Glab's request for clarification regarding approval of the Ordinance and his inquiry regarding whether approval makes it a legal Conditional Use, Deputy City Administrator Martin stated affirmatively. Alderman Schaefer stated that he has spoken with many persons regarding this matter and most of the comments have been favorable. Alderman Blake concurred with Alderman Schaefer and opined if done properly all should work out well. Motion by Condon, seconded by Peterson to approve the Ordinance authorizing text amendments to the Zoning Ordinance and the Municipal Code pertaining to the regulation of medical marijuana dispensaries and cultivation centers. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon, Peterson. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF A LETTER OF SUPPORT AND COMMUNITY AND ECONOMIC CONTRIBUTION AGREEMENT BETWEEN PHOENIX FARMS OF ILLINOIS LLC AND THE CITY OF MCHENRY RELATING TO THE LOCATION OF A MEDICAL MARIJUANA CULTIVATION CENTER AT 1515 MILLER PARKWAY IN THE MCHENRY CORPORATE CENTER City Administrator Morefield introduced the following persons in the audience representing Phoenix Farms of Illinois LLC: • Judie Taki, • William Taki, Principal; • Richard Grunsten; • Stephen Morrill; and, • Joe McNerney, Attorney. Regular Meeting Page 11 September 8, 2014 City Administrator Morefield informed Council that representatives of Phoenix Farms of Illinois (Phoenix Farms) approached Staff about locating a marijuana cultivation center at 1515 Miller Parkway (the former Clariant building), which is in the McHenry Corporate Center. Phoenix Farms is going to be applying to the State of Illinois for a medical marijuana cultivation center license. They are also scheduled to appear before the Planning and Zoning Commission for use variance to allow a cultivation center on September 17, 2014. Due to the compressed timeline set forth by the State of Illinois and the September 17, 2014 Planning and Zoning Commission hearing, Phoenix Farms will be unable to appear before the Council for final zoning consideration until October 6, 2014. Obtaining a license for a cultivation center is an extremely competitive process and while full zoning approval is not required at the time of application to the State, it places companies without full approval at a disadvantage. Phoenix Farms has requested that Council consider a Community and Economic Contribution Agreement and a Letter of Support to leverage their opportunity to be awarded a license by the State of Illinois. City Administrator Morefield stated that neither the Agreement nor the Letter guarantees zoning approval by the City, or receipt of a license for a cultivation center from the State of Illinois. However, Phoenix Farms feels that due to the highly competitive nature associated with obtaining a cultivation license, Phoenix Farm's application alone would most likely not be strong enough to obtain a license for a cultivation center in the City of McHenry. Phoenix Farms has received endorsements from other communities, however, Staff has met with representatives of Phoenix Farms and their first preference is to locate a cultivation site in the City of McHenry at the site indicated, 1515 Miller Parkway. Phoenix Farms currently has a real estate contract purchase agreement in place, pending receipt of all necessary approvals. Staff believes this to be a very worthwhile economic development opportunity, providing jobs, adding a new business to the City of McHenry and filling a 44,000 square foot building that is. currently vacant. A Community and Economic Agreement has been proposed which outlines some economic contribution the City would receive if either a cultivation center or dispensary locates in the City of McHenry. The proposed Agreement contemplates an annual monetary contribution to the City of McHenry as well as community contributions to the McHenry Riverwalk Foundation and Historic Petersen Farm Foundation. The City's contribution is proposed to be 1.75% of the total net earnings, which is defined as the amount of sales revenue left over after all operating expenses, interest, taxes and preferred stock dividends have been deducted from Phoenix Farms' total revenue for medical cannabis produced at the cultivation center. The Agreement stipulates a minimum contribution of $20,000 per year to the City for the first five years, and after five years the proposed contribution to the City would be 3.50% of net earnings or $40,000 annually, whichever is greater. Regular Meeting Page 12 September 8, 2014 The Agreement also contemplates an annual community contribution of $5,000 per year for the first five years and $10,000 per year each subsequent year, which would be distributed to the McHenry Riverwalk Foundation and Historic Petersen Farm Foundation, or other organization(s) as determined by the City of McHenry. City Administrator Morefield stated that should Phoenix Farms not receive zoning approval, or not be issued a state license, the Agreement would be null and void. If Council approves, Staff recommends authorizing the Mayor to execute the Letter of Support and approval of the Ordinance authorizing the Mayor's execution of the Community and Economic Contribution Agreement. Alderman Condon opined she is pleased that Phoenix Farms has shown a preference for the City of McHenry. She stated it is a win -win for all involved. Alderman Santi opined that providing the Letter of Support exemplifies welcoming the business to the community. Responding to Alderman Santi's inquiry regarding the number of applications submitted to the State of Illinois to date, Deputy City Administrator Martin explained that the number to date is unknown at this time, as the application process just began today and goes through September 22, 2014.' Alderman Glab opined he has issues with the Community and Economic Contribution Agreement. He stated that he would prefer if all the funds went to the City of McHenry. Alderman Schaefer concurred, stating that he has some reservations also. City Administrator Morefield responded that the Agreement does not have to be tied to any specific entity and the contributions are at Council's discretion. Alderman Blake stated that he is pleased with the Agreement and that Phoenix Farms appears to be a very reputable company. Alderman Wimmer and Alderman Peterson concurred with Alderman Blake. Mayor Low stated that she is looking forward to the partnership. Motion by Condon, seconded by Santi, authorizing the Mayor to execute the Letter of Support and approving the Ordinance authorizing the Mayor's execution of the Community and Economic Contribution Agreement. Voting Aye: Santi, Schaefer, Blake, Wimmer, Condon, Peterson. Voting Nay: Glab. Absent: None. Motion carried. Regular Meeting Page 13 September 8, 2614 COMMUNITY DEVELOPMENT COMMITTEE RECOMMENDATION TO APPROVE AN ORDINANCE ADOPTING VARIOUS TEXT AMENDMENTS TO MUNICIPAL CODE CHAPTER 7.50 SIGNS City Administrator Morefield reiterated to Council that signs are an integral part of local business and Staff is continually evaluating ways to improve the Sign Ordinance to balance being business -friendly while ensuring appropriate regulations are in place to address issues inherent to signage including: • Safety; • Aesthetics; and, • Clutter. In addition to improved technology, another reason that signage is often reviewed is businesses are continually seeking new ways to get their message to consumers, brand and rebrand themselves, and stay one step ahead of the competition. It is Staffs intent to ensure that all business and non -business organizations are treated equally and can compete on a level playing field, which ultimately benefits the City, businesses, residents and consumers patronizing establishments within the City of McHenry. City Administrator Morefield informed Council that at the January 27, 2014 meeting of the Community Development Committee the following amendments were recommended to the Sign Ordinance addressing: • Signage utilizing light -emitting diode (LED) technology; • Additional signage for grand openings (directional, temporary and sandwich board signs, feather banners and signs in the right-of-way). Council approved these amendments at the April 7, 2014 meeting. Staff subsequently presented additional amendments to the Community Development Committee to address signage for in -line shopping center tenants, single and multi-user out parcels to be consistent with signage permitted for commercial businesses located outside of a shopping center, clarifying the term in -line tenant, single and multi-user out parcel/tenant, as well as other minor modifications. The Community Development Committee unanimously recommended the proposed amendments to the Sign Ordinance. If Council concurs with the recommendation of the Community Development Department, it is recommended that the Ordinance authorizing text amendments to the Municipal Code.pertaining to the regulation of signs be approved. Motion by Wimmer, seconded by Schaefer, approving the Ordinance authorizing text amendments to the Municipal Code pertaining to the regulations of signs, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon, Peterson. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 14 September 8, 2014 MAYOR STATEMENT AND REPORT Mayor Low encouraged Council to attend the September 11th Commemorative Ceremony in Veterans Memorial Park on Thursday, September 11, 2014 at 9:00 am. The McHenry High School Band will be participating. Mayor Low informed Council that the Montini Music Fest would be held on Saturday, September 13, 2014 in Petersen Park from 2:00 pm to 11:00 pm. Mayor Low informed Council that the Country Meadows Craft Fair event is this Sunday, September 14, 2014 in Veterans Memorial Park. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Santi complimented Director of Public Works Schmitt and the Staff of the Public Works Department for the work done on River Road. He opined it was a job well done. Alderman Condon acknowledged the concerns voiced at the Public Input Session by Mr. Wilkinson. She opined that this matter is an ongoing problem and stated that she would support another traffic study. Alderman Glab concurred with Alderman Condon. He opined that the traffic study should be conducted while school is in session. He stated it is important that a traffic light be installed at that location and that it has been discussed over a significant period of time. City Administrator Morefield suggested that if there is consensus of Council the traffic study could be put in the budget for next year. Alderman Santi suggested partnering with the School District. EXECUTIVE SESSION Motion by Wimmer, seconded by Blake, to adjourn to Executive Session at 8:01 pm to discuss Semi -Annual Review of Executive Session Minutes and to approve and/or release Executive Session Minutes and the destruction of Executive Session audio tapes that exist prior to March 2013, pursuant to the Illinois Open Meeting Act. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Regular Meeting Page 15 September 8, 2014 Voting Nay: Glab. Absent: None. Motion carried. Alderman Glab departed Council Chambers at 8:01 pm. Motion by Wimmer, seconded by Schaefer, to return to Open Session at 8:11 pm. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Glab. Motion carried. - Council returned to Open Session at 8:11 pm. Alderman Glab returned to Council Chambers at 8:11 pm. RESOLUTION AUTHORIZING THE APPROVAL AND/OR RELEASE OF EXECUTIVE SESSION MINUTES AND THE DESTRUCTION OF EXECUTIVE SESSION AUDIO TAPES THAT EXIST PRIOR TO MARCH 2O13 PURSUANT TO THE ILLINOIS OPEN MEETING ACT Motion by Wimmer, seconded by Blake, approving the Resolution regarding the release of Executive Session Minutes and the destruction of Executive Session audio tapes that exist prior to March 2013, pursuant to the Illinois Open Meeting Act. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mayor Low requested that Alderman Glab provide Council an explanation regarding his abrupt departure from Council Chambers, just prior to Executive Session, without participating in the Executive Session discussion and his decision to return and take part in the voting process. Alderman Glab stated that he would e-mail an explanation to the City Administrator in the morning. Mayor Low stated that Alderman Glab's behavior shows disrespect of his fellow Council members and Council is entitled to an explanation this evening. Alderman Glab advised Council that it has recently been brought to his attention that the Municipal Code states that all City Council meetings will be open to the public. He continued by explaining there is nothing currently in the Municipal Code that addresses closed Executive Session meetings. Alderman Glab stated that he felt uncomfortable attending Executive Session under the circumstances. Regular Meeting Page 16 September 8, 2014 Alderman Santi requested clarification whether Council is currently in Open Session. City Clerk Jones informed Alderman Santi that Executive Session had been adjourned and Council is in Open Session. Alderman Condon opined that if Alderman Glab had a procedural question the issue should have been addressed to the entire Council and clarified without the dramatics displayed by Alderman Glab's unexplained departure and lack of participation in Executive Session. Alderman Blake opined that Alderman Glab's behavior, departing without explanation, appears to lack transparency. Alderman Schaefer opined that he is confused by Alderman Glab's behavior as he has been a member of the City Council for a number of years and attended numerous Executive Sessions. Alderman Glab stated that the issue was only recently brought to his attention. City Attorney McArdle assured Mayor Low and the City Council that he would research Alderman Glab's concerns. ADJOURNMENT Motion by Condon, seconded by Wimmer, to adjourn the meeting at 8:17 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon, Peterson. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:17 pm. Mayor 00 City Clerk