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HomeMy WebLinkAboutMinutes - 10/05/2015 - City CouncilREGULAR MEETING October 5, 2015 Mayor Low called the regularly scheduled October 5, 2015 meeting of the McHenry City Council to order at 7:00 PM in the McHenry City Council Chambers, 333 S Green Street, McHenry, IL 60050 with the following Aldermen in attendance: Santi, Glab, Schaefer, Curry, Wimmer, Peterson and Condon. Absent: None. Also in attendance were City Administrator Morefield, Deputy City Administrator Hobson, 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. Mayor Low invited the members of Girl Scout Troop 1614 to lead the City Council in the Pledge of Allegiance. Mayor Low informed Council that Troop 1614 is currently working on a Government Badge. She welcomed Troop 1614, commending the Girl Scouts for encouraging leadership skills and thanked Troop 1614 for their attendance at tonight's meeting. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION No one spoke at Public Input. CONSENT AGENDA A. An Ordinance providing for the Supplemental Appropriation for Fiscal Year 2014/2015; B. Payment of $9,189.15 to Stuckey Construction for change Orders pertaining to construction of the McHenry Recreation Center; C. Award of Bid to Temple Display, Ltd., for installation of holiday lighting in Veterans Memorial Park, in the amount of $16,299.60; D. Grant a request for a one-year permit extension for the Patriot Estates Subdivision temporary advertising sign; E. Grant a request for a one-year extension to submit a Final Plat for Brook Estates Subdivision; F. Request from McHenry High School to stage the October 9thHomecoming Parade in Knox Park parking lot and temporary closure of certain sections of Green Street and Waukegan Road to accommodate the parade; G. Block Party Request on Barnwood Trail, October 31, 2015, from 2:00 pm to 11:00 pm; and H. Approval of List of Bills, in the amount of $165,108.34. Motion by Wimmer, second by Peterson, approving the Consent Agenda, as presented. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO APPROVE THE MAYOR'S EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN. INC.. FOR A LUMP SUM AMOUNT OF $37.989.78 FOR PHASE I AND PHASE II ENGINEERING. AND DIRECT COSTS RELATED TO THE CONSTRUCTION OF THE MUNICIPAL CENTER BIKE PATH; AND. IDOT PRELIMINARY ENGINEERING SERVIES AGREEMENT FOR MOTOR FUEL TAX FUNDS FOR THE MUNICIPAL CENTER BIKE PATH Regular Meeting Page 2 October 5, 2015 City Administrator Morefield informed the Council that in early 2014, HR Green, Inc., identified and submitted an Illinois Transportation Enhancement Program (ITEP) Grant requesting on behalf of the City a bike path proposal connecting the existing path on Municipal Drive and extending it through Knox Park, including a connection to the Recreation Center and on to Green Street. In April 2014, the City was awarded $358,840 for the construction portion of the project. Similar to other federally funded projects, the City of McHenry would be responsible for the costs of Phase I and Phase II engineering services and other direct costs. Understanding that the McHenry recreation facility was in the planning stages, and it would be more efficient and cost-effective to coordinate and construct the path as part of the Recreation Center Project, the City was able to work with IDOT to delay activation of the ITEP Award until such time as this occurred. The site work for the McHenry Recreation Center Project is estimated for completion in spring 2016. It is now time to activate the ITEP Agreement and finalize planning for the Bike Path Project so that it will be constructed in spring 2016 to coincide with completion of the McHenry Recreation Center. HR Green, Inc. provided a Professional Services Agreement (PSA) outlining the Phase I and Phase II engineering services for the "Municipal Center Bike Path." The PSA covers all required contributions from the City of McHenry, as required by the ITEP Grant for the bike path outside of the site of the Recreation Center, which is under a separate PSA. The PSA for the Municipal Center Bike Path, for a lump sum amount of $37,989.78, represents 10.6% of the ITEP Grant amount. City Administrator Morefield provided Council with a copy of IDOT's Preliminary Engineering Services Agreement for Motor Fuel Tax (MFT) Funds Agreement. He informed Council that the ITEP Grant is administered through IDOT and IDOT utilizes the standard MFT Agreement form for ITEP funded projects. The Agreement identifies the scope of the project, the amount of engineering costs, and must be approved by the municipality to activate the ITEP Grant. City Administrator Morefield declared MFT Funds are not being utilized for the project. The lump sum amount for Phase I, Phase II and direct costs to HR Green, Inc., for the project, will be paid from the Parks Developer Donation Fund. Responding to an inquiry from Council regarding any changes to the original plans, Deputy City Administrator Hobson informed Council that no significant changes have occurred; however, a small loop was removed. Responding to Alderman Curry's inquiry regarding whether the amount is a lump sum or a not to exceed amount, City Engineer Pieper approached the podium and stated the amount is a not to exceed dollar amount. Deputy City Administrator Hobson provided Council with a breakdown of the project. Regular Meeting Page3 October 5, 2015 Responding to an inquiry from Alderman Peterson regarding whether the project has been approved by IDOT, City Engineer Pieper indicated that IDOT is managing the project. Responding to Alderman Glab's inquiry regarding the total cost of the project, Deputy City Administrator Hobson stated the cost of the project is bound by the amount of the Grant, $358,000. Motion by Schaefer, second by Santi, approving the Professional Services Agreement with HR Green, Inc., for a lump sum amount of $37,989.78, for Phase I, Phase II and direct costs related to the construction of the Municipal Center Bike Path; and approving the execution of the Preliminary Engineering Services Agreement for Motor Fuel Tax Funds for the Municipal Center Bike Path, as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR'S STATEMENT AND REPORT Mayor Low informed Council this past Saturday the McHenry Downtown District held the "Flavors of Fall Taste Fest" event. The event was successful and well-attended despite the chilly weather. Mayor Low informed Council the Jaycee's Haunted House is now open and will remain open through November 1, 2015. Mayor Low informed Council that the Haunted Hayride event begins in Petersen Park on Saturday, October 10, 2015. Mayor Low informed Council that City Attorney McArdle has asked to address Council regarding the gun range issue. City Attorney McArdle stated that he felt it was necessary to clarify certain matters. He informed Council that he wrote a letter dated October 5, 2015, supplementing a letter written by Attorney Michael Smoron dated September 21, 2015, regarding the legal position of the City of McHenry with regard to suggestions that are being made that the City Council consider further action with regard to the gun range Use Variance granted in 2012. He apologized for not being at the meeting on September 21, 2015, when the issue was presented. City Attorney McArdle explained to Council that following the meeting on September 14, 2015, on the way to his car he was stopped by Alderman Glab. At that time, Alderman Glab said he felt issues existed with regard to the agenda item in 2012 because it did not reference the Municipal Code amendment relating to the gun range use. Attorney McArdle stated that at that time he indicated to Alderman Glab that he had no idea what he was talking about, but if Regular Meeting Page 4 October 5, 2015 he cared to send him the paperwork to review, he would be happy to do so. That was the end of the conversation. Attorney McArdle further stated he never heard from Alderman Glab regarding the matter and never received any follow-up paperwork. City Attorney McArdle read his letter of October 5, 2015, aloud to the Council. He was insistent that he never told Alderman Glab there was a "loophole." Attorney McArdle stated that he does not use the word "loophole;" it is not a word in his normal vocabulary. City Attorney McArdle added the gun range owners have a right to open their business. The owners have an enforceable right, given the Ordinance adopted in 2012, granting the Use Variance. City Attorney McArdle noted that an issue exists that the Ordinance adopted by the Council in 2012 grants a Use Variance, but does not address the Municipal Code prohibition in Article 3 against discharging firearms in the City of McHenry. This is known as a scrivener's error by the City Clerk's office, and, if necessary, could be corrected clerically. The issue does not require Council action. City Attorney McArdle pointed out that the motion made on September 24, 2012, by Alderman Santi, was clearly to grant the Use Variance and a Variance from Article 3 of the Municipal Code prohibiting the discharge of firearms. The motion was passed with a vote by five Aldermen in favor of the motion. The fact that the Ordinance failed to include the Municipal Code amendment is simply a typographical error. The issue of whether the Agenda for the September 24, 2012, meeting only references the Use Variance, and not the Municipal Code amendment, is immaterial because the public was clearly aware that the owner was requesting permission to operate a business involving a gun range, which is sufficient for an agenda item to bring the matter to the Council for a vote. City Attorney McArdle stated that the matter went through Zoning hearings, notice was provided to the required parties and interested persons, and the time for any objection has long since passed. Responding to an inquiry from Council regarding whether Landmark School received notice regarding the gun range, Director of Economic Development Martin informed Council that Landmark School is an abutting property, not an adjoining property. Landmark School would not have received a special notice. Alderman Santi informed Council that to clarify any misunderstanding, the motion he made in 2012 was based on information he received in the Agenda packet. COMMITTEE REPORTS Chairman Alderman Condon informed Council that a meeting of the Community Development Committee is scheduled for Monday, October 26, 2015, at 7:00 pm in the Alderman Conference Room to address Administrative Adjudication. STAFF REPORTS There were no Staff Reports. Regular Meeting Pages October 5, 2015 FUTURE AGENDA ITEMS There were no Future Agenda Items. EXECUTIVE SESSION Motion by Wimmer, seconded by Schaefer, to adjourn to Executive Session to discuss the purchase of real property for the use of the public body at 7:30 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Wimmer, seconded by Peterson, to return to Open Session at 7:52 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council returned to Open Session at 7:52 pm. ADJOURNMENT Motion by Condon, seconded by Wimmer, to adjourn the meeting at 7.53 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 7:53 pm. ijyor / \ \y Clerk