McHenry Times

City of McHenry City Council met Oct. 2.

Here are the minutes provided by the council:

Roll Call: Mayor Jett called the roll call.

Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller, and Mayor Jett. Others present Attorney McArdle, Administrator Morefield, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, City Planner Sheriff-absent, Director of Public Works Wirch, Deputy Clerk Johnson, and City Clerk Ramel.

Pledge of Allegiance: Mayor Jett led the pledge.

Public Comment: none

Consent Agenda: Motion to Approve the following Consent Agenda Items as presented: 

A. Snow and Ice Control Policy. (Public Works Director Wirch)

C. Authorization to enter into a class action settlement as a claimant for the PFAS contamination of the Public Water Supply, utilizing Zukowski, Rogers, Flood & and McArdle as representation. (Public Works Director Wirch)

D. Ordinance amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses; and Title 4, Chapter 6, Video Gaming Terminals, Editing Section 4-6-8, Subsection A – Number of Licenses, of the McHenry City Code. (Deputy City Clerk Johnson)

E. Reject all submitted bids for the Sheriff’s Marine Unit Building at Miller Riverfront Park. (Parks and Recreation Director Hobson)

F. September 18, 2023, City Council Meeting Minutes;

G. Issuance of Checks in the amount of $268,941.63.

A motion was made by Alderman Strach and seconded by Alderwoman Miller to approve the Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.

*Clerks note: This item was pulled by the Alderman Glab. 

B.Sidewalk and Curb Policy. (Public Works Director Wirch)

Alderman Glab asked attorney McArdle if residents are the ones that have to repair the aprons and if they do not and someone trips and falls who is responsible for that. Both, one by ownership and one by the city would be responsible. Wanted to know if the city sidewalks would be the same. The city would not get sued in that case such as that anything that happens right away, is the responsibility of the city. If there is an ordinance that poses responsibility to the owners then they are named as well. They are both going to be on the suite in those cases.

Alderman Glab finds this unfair to the owners, and cannot vote for this, it could be researched more, looking at the history of what used to be done in these cases. Feels this is unfair to the residents of this town.

Alderwoman Miller talked about page 30 in the packet, reviewing when the city needs to replace the apron, however, Alderman Glab touched back on the portion of the apron being replaced and feels if a new apron is put in by the owner that the city should replace the whole apron. Alderwoman Miller wanted to know how frequently the apron is cut for services as confirmed by Director Wirch, it could be 6-10 times a year, generally water or sewer. Alderman Strach wanted to know if this is part of the existing, confirmed at least 15 years per Director Wirch.

Alderman Koch asked when new sidewalks are put in and who is responsible for maintaining them, it is the city’s responsibility per Director Wirch. In years past it has not been the responsibility unless disturbed for the apron.

Attorney McArdle stated that if it is outside the property line the city is responsible for it however it is different in certain circumstances, and lots.

Directory Polerecky talked about the building permit and who pays for that is responsible unless the city disturbs it. This discussion went on for some time.

A motion was made by Alderman Santi and seconded by Alderman McClatchey to approve the Consent Agenda Item as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman McClatchey, Alderman Strach, Alderman Koch, Alderwoman Miller. 3-nays Alderman Glab, Alderwoman Bassi, Alderman Koch, 0-abstained. Motion carried.

Individual Action Item Agenda: 

A. Use Variation – 302 N. Front Street 

Motion to approve an Ordinance granting a Use Variation for the property located at 302 N. Front Street for the operation of a battery storage facility. (Community Development Director Polerecky)

The petitioner was present at the meeting for any questions. Landscaping will be maintained per the plan. Alderman Strach had a question for the petitioner, Patrick Heart. Wanted to know the safety concern, the technology is the same being replaced with the same lithium-ion but it is more advanced in thermal control and fire protection, safer than it has been. Wanted to comply with the updated code to increase the distance.

Alderman McClathcey wanted to know what is used to charge batters, they are charged on the electrical grid.

Alderman Glab wanted to know about the cooling system, per the petitioner two HVAC units will be used to cool on either side.

Alderman Santi wanted to know if the number stays the same from 11 to 8 being reduced. Alderman Koch, is it the same capacity charge, confirmed it is. Duration is also increased than the plant today.

No public comment.

A motion was made by Alderman Strach and seconded by Alderman Sandi to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-abstained. Motion approved.

No public comment.

B. Text Amendments - Building Regulations and Sign Code 

Motion to approve an Ordinance granting Text Amendments to the McHenry Building Code Regulations and Sign Code. (Community Development Director Polerecky)

Alderman Glab asked regarding garages and the building permit for replacement within 180 days, not requiring attached garages, you have to maintain a garage on the property for example if the garage is added to the living quarters.

Alderwoman Miller asked about the enforcement, it is more on a case-by-case basis per Director Polerecky. All new homes need to have garages but existing do not. Alderman McClatchey stated that building a garage means they have to go through the permit process, and confirmed they will.

Alderwoman Bassi talked about car ports, if there are issues with those will there be a garage or a carport, if that is damage not required to have a garage, could or could not replace the carport. No public comment

A motion was made by Alderman McClatchey and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-abstained. Motion approved.

No public comment.

C. Façade Grant – 5110 W. Elm Street 

Motion to approve a Façade Grant in the amount of $6,573.50 for the property located at 5110 W. Elm Street. (Economic Development Director Martin)

Mori and Sons Auto repair, painting the building with prep work. The petitioner was present. Alderwoman Bassi asked if this is used up will the grant be gone, recommending that next year there are only 12 businesses that would like there to be a max of $2K-$5K for next year. Administrator Morefield stated that guidelines are going to be reviewed for next year, as many have asked this. No public comment,

A motion was made by Alderman Koch and seconded by Alderman Strach to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-abstained. Motion approved.

No public comment.

Discussion Item Agenda: 

A. Establishment of a Downtown Dining and Entertainment District. (Staff)

Director Hobson talked about the initial plans, one is to allow restaurants or bars to leave the premises. Two, to allow those to leave the establishment with the containers, allow those to move around and enjoy areas within that, time frame parameters. Wanted to bring before The Council to talk about parameters and starting points regarding this discussion. May -November are the months that have been initially proposed for the social district months, mainly because this is during the event season, also looking at 7 days a week. All these parameters can be discussed. 9 p.m. would be a hard stop for the social district hours to end. This would be for those businesses that carry a Class A liquor license, also it would be required to have signage regarding the program and help the city and officers enforce those rules.

Plastic cups and colors that would be associated with the program can help be identified, limiting the type and amount of beverage and a two-drink maximum. Doing a one-year trial period would allow it to expire if it is not successful.

Alderman McClatchey feels it is a good program that helps bring that downtown, concerned about 7 days a week, a good program and key that cup identification will be key to it.

Alderman Koch wanted to know how successful Shamrock of the Fox is and stated it is the best day of the year for many businesses. Feels the police have enough on their plates not in support of the idea of walking around with alcohol, worried about people taking off with open liquor. This was to be promoting a family place, personally not a fan of the social district idea.

Alderwoman Bassi stated that she rode her bike to the Riverwalk, and wanted to know if as a young mother, she would be comfortable with children if she would want to expose them to the drinking and smoking that could occur during the social district proposal. Agrees with many of the comments that Alderman Koch brought up. Not comfortable with the start being at noon either, and has concerns about residents going into another establishment with alcohol could be another issue, takes away the family environment that Riverwalk is trying to promote.

Alderwoman Miller is in support of the concept of the social district and thinks commercial businesses need our support to wander from business to business. Talked about the globe lighting, fewer than she expected were walking and drinking to her surprise. Think about the expectation if there is a social district, it is a good reason to have people moving from place to place.

Alderman Glab was appalled at 7 days a week starting a noon, not sure how this would be enforced. The idea behind the Riverwalk is a great way to build the community and notice a change in those interested in it. May push away those who could dot it from 4-9 Friday – Saturday to try it. It could be a good compromise.

Chief Birk, the parameters can be changed and can be modified per him and Director Hobson. This is the feedback that they are looking for.

Alderman Strach is in support in figuring out the scope and area he is comfortable with it, not sure that he likes the noon start time. Likes that it is limited to alcohol types, not sure if it the all week. Thurs-Sun time frame would be a good start, I would like to hear the business owners' feel about it and the concerns that they may have would like to hear that feedback, maybe 3- 9.

Alderman Santi wanted to hear the Mayor’s opinion on it. He contacted a few businesses and residents on the Riverwalk, thinking it was an opportunity to travel. Many of the businesses are supportive of it, many will have patrons throw away cups before they go into establishments. These businesses must be involved in it. I have not heard those against it at all, Mayor Jett had explained.

Alderman Santi stated that a one-year test, and start times moving back would be in support of. There is a couple of dead-end sites, where there will need to be signage because they would need to make a U-turn because of the uniqueness. The whole business district needs to discuss it.

This discussion went on for some time. Mayor Jett asked for support to move forward to talk with businesses regarding this idea and then have it come back to the council with the input.

Public Comment: 

Tony Esposito resident and president of the Riverwalk HOA, stated that what has been done along the Riverwalk has been great, however spoke of the challenges of the social district and the impact it would have on the homeowners that are along the River Walk. has been great regarding the Riverwalk Place HOA, president.

Staff Reports: 

Provided the 1st meeting of each month.

Director Hobson, 6-8 Friday night concert Larry and 3-8 market from Saturday Full Moon Market.

Mayor’s Report: none

City Council Comments: 

Alderman Glab questioned Attorney McArdle about the façade grants, should they be restricted, no. Attorney McArdle offered to look into it.

Alderman McClatchey wanted an update on Courthouse, and Whiskey Diablo, Per Director Polerecky things are moving along.

Alderman Strach wanted to know if there will be lighting regarding the porta potties, super dark there. Per Director Hobson, they are looking into this.

Executive Session as needed: not needed

Adjourn: A motion was made by Alderman McClatchey and seconded by Alderwoman Bassi to adjourn the meeting at 8:40. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried.  

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