McHenry Times

City of McHenry City Council met Aug. 5

Here are the minutes provided by the council:

Roll Call: Mayor Jett opened with the roll call.

Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller, and Mayor Jett. Others present Attorney McArdle, Administrator Ostrovsky-absent, 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

Public Comment:

Tony Esposito, the resident, had some questions regarding a permit pending that he had applied for. Also wanted to see if he could have his friend, who is a food truck vendor. It was confirmed by Director Hobson that both of these are together for tonight's vote. Sunday, Sept 8th from 5-8 PM, all are invited from The Council.

Michael Adams, a realtor with the Bremer team was announcing a program of 30 days for 30 veterans. $300K will be given away to veterans in need in the form of AC furnaces, etc. Sept 30th is when the application process continues. November will be the announcement for those winnings.

Dawn Bremer, resident, stated that on August 18th 10-10:30 dunk tank with Mayor Jett, and the proceeds are going to the McHenry Junior Warriors to raise money.

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

A. Approve the amended hours of the McHenry Rotary Club’s Bands, Brews, and BBQ event for Sunday, August 19, 2024, until 9:00 p.m.

B. Pass an 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 Clerk Johnson)

C. Waive competitive bidding and approve the purchase of a new roller from Casey Equipment Co. for $41,300 (Director Wirch)

D. Award a contract to Performance Pipelining, Inc., for the 2024-2025 Sanitary Sewer Lining (Joint Bid) Program for $263,033.20, and approve a construction contingency in the amount of ten percent (10%) of the awarded contract price ($26,303.32) (Director Wirch)

E. Parks & Recreation Facilities & Special Use Permit Requests

F. July 15, 2024, City Council Meeting Minutes

G. July 15, 2024 Committee of the Whole Meeting Minutes

H. Issuance of $2,467,749.30 Checks

A motion was made by Alderman Santi 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 Davis, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.

Individual Action Item Agenda

A. Zoning Variance & CUP at 3111 IL Route 120

A motion to pass an ordinance granting a Zoning Variance and Conditional Use Permit to allow an Open Sales Lot in conjunction with Automotive and Recreational Vehicle Sales at 3111 IL-120 (Director Polerecky)

The petitioner was present for questions if needed.

Alderman McClatchey had a few questions for the petitioner, wanted to know if the number of cars could be 20-40, the lot may be further than first known so the number of cars is not determined yet.

Alderman Glab has concerns about the house on that south lot and how long it will take to do so, per the petitioner stated that it is ironed out just paving logistics would be next.

There is about 42 feet of grassy area, going to move the paved parking lot further back.

Was able to view the updated survey to Alderman Glab, this has not been recorded to the county yet. Alderman Glab referred this to Attorney McCardle, this survey will still trump the county. It is a licensed surveyor per Director Polerecky. Alderman Glab asked if this property is an investment for Lazy Chimp, to put buyers and sellers together. Alderman Glab is hoping to look for other entities than car lots to fill in the spaces.

Alderman Koch is the same company that put in for the façade grant, and that was also confirmed by Director Martin.

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

B. CUP at 4100 Shamrock Lane

A motion to pass an ordinance granting a Conditional Use Permit to allow an Assembly Use in conjunction with a church (Director Polerecky)

The petitioners were present.

Alderman Glab wanted to know if the solar field is being purchased next to it, yes confirmed by Director Polerecky.

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 Davis, Alderman Koch,

Alderwoman Miller. 0-nays. 0-abstained. Motion approved.

C. Use Variance at 1401 N Riverside Drive

A motion to pass an ordinance granting a Use Variance to allow Outdoor Live Entertainment at 1401 N Riverside Drive (Director Polerecky)

Alderman McClatchey wanted to know how many bars and restaurants have open bands, currently Vicki’s, DC Cobbs, Grinders formerly, VFW for some examples per Director Polerecky. The Planning and Zoning did restrict some of the requests. Would like a single guitarist with a small amplifier and had greatly reduced their ask. Said the establishment looks great but would like to see the outdoor entertainment maybe 2-3 times a year.

The petitioners were present and Alderman McClatchey wanted to know what percentage is added to their business typically plus or minus 200 people, the one large event that they had was about 1,000 patrons. Alderman McClatchey is concerned about the parking. The petitioners were thinking of moving their outdoor grill to accommodate the parking. They would like to draw people in to create more residual businesses to have more events even if smaller.

Alderman Koch wanted to know if there could be a trial at the events, per the petitioners it will take some time to plan as well, making sure they are not competing with other events in town.

Would like to do something end of September or October time.

A conditional use can be revoked at any time per Director Polerecky.

Alderwoman Miller is in support of the request, feels it’s a perfect fit, Alderman Glab wanted to know the cut-off time, cannot support something that goes past 11 PM.

Alderman Santi, would argue that this establishment is in the heart of the downtown district, hear there were some complaint calls three calls from 8 PM, and cannot understand why there is an issue with one business where there is a park playing music on Thursday nights and a banquet hall that plays music at their events. We can bring it up at the next meeting and shut it down if needed. Would like to know what other elected officials have to say.

Alderwoman Bassi wanted to know if the residents would be comfortable so she asked Alderman McClatchey and his ward. Would like 10 pm as the cut-off noise preference and three times a year as an event schedule.

Alderman Davis would like Director Polerecky to review the standard ordinance, typically some guidance needs to be set with these requests. In this case, the sound will travel, but looking within reason would like to hold these events. Only one-time slot per month is being chosen by the petitioners. Per Alderman Davis, seems they comply with what has been in the past, not seeing an issue here.

Petitioners asked for The Council to reconsider the existing motion, after further explanation.

Public Comment: Kim, a resident and neighbor of The Courthouse, thanked the petitioners for the building that they created. Stated that the music is really loud and it is rattling her windows. The petitioners stated that they would meet with her and talk to her about the volume etc., stated that he would accommodate her and is willing to meet with the resident.

Philip, husband to Kim resident and neighbor to The Courthouse, talked about the tents on the far Northwest corner of the lot and stated that grilling in his backyard is like having a concert, but is a concession for three times a year. The noise was reduced after he called the police.

They are creating a nuisance because he can hear the noise with the windows closed. Wanted to know how the noise ordinance would be enforced since it is very complicated.

*Clerks note: this was the motion that Alderman McClatchey had proposed: 3 events per year amplification allows 2 per week for non-amplification all events must end at 10 pm, revisit next year to tweak it up and down.

A motion was made by Alderman McClatchey and seconded by Alderman Glab to approve Individual Agenda Items as presented: Roll Call: Vote: 3-ayes: Alderman Glab, Alderman McClatchey, Alderwoman Bassi. 4-nays-Alderman Santi, Alderman Davis, Alderman Koch, Alderwoman Miller. 0-abstained. Motion Denied.

*Clerks note this was the original motion vote.

A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 4-ayes: Alderman Santi, Alderman Davis, Alderman Koch, Alderwoman Miller. 3-nays-Alderman Glab, Alderman McClatchey, Alderwoman Bassi. 0-abstained. Motion approved.

D. Fence Variance at 5210 W Greenbrier Drive

A motion to pass an ordinance granting a Variance from the City of McHenry Fence Regulations for the property at 5210 W Greenbrier Drive (Director Polerecky)

Alderman Glab will be voting for this but total inconsistency and all variances need to come to The City, that is where he stands on it.

Director Polerecky, there will be a contract that will help with the variances including corner lots moving forward which will answer many of Alderman Glab’s questions.

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

E. South Main Street Parking Lot

A motion to award a unit contract for the South Main Street Parking Lot Improvements to Maneval Construction, Co., Inc. for $254,825.48; and to authorize a 10% contingency for $25,482.55 for a total project construction cost of $280,308.03 (Director Wirch)

Alderman Santi is well overdue it will connect the back of John Street which will make it a smooth environment.

Alderman Koch discussed with Director Wirch, learned how expensive the plumbing is, and how he explained it now understands why it is pricey.

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

F. Light the Night

A motion be considered to approve: 1) food trucks, vendor tents, and live music in the park in conjunction with the event, 2) to allow alcohol in the park aside from the designated areas adjacent to All Marine Retro Rentals at Miller Point Park on Saturday 9/28 from 4 pm – 10 pm, 3) permission for an approximately 10-minute fireworks display at 9:30 pm, and 4) to allow open container alcohol from 4 pm – 9 pm on Green Street from Waukegan Road to Route 120, Riverside Drive from Miller Point Park to Weber’s Park and the Riverwalk in its entirety (Director Hobson)

Alderman Davis wanted to know if there is police approval, yes per Chief Birk.

Alderwoman Miller asked about the new fire globe and it has been installed already per Director Hobson.

Alderman Glab wanted to know about the open liquor. Also asked Tony Esposito from Riverwalk Place, but did not want open liquor the entire time on their property.

Alderman McClatchey would like to revisit this in a year to see if there are any problems.

Alderman Bassi is not ok with number four, if they are drinking should be limited to the park only.

A motion was made by Alderwoman Miller and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman McClatchey, Alderwoman Miller, Alderman Davis, Alderman Koch. 2-nays-Alderman Glab, Alderwoman Bassi. 0-abstained. Motion approved.

G. Riverwalk Phase 4 Boat Lift Payment

A motion be considered: 1) to approve a budget amendment to the 2024/25 General Fund Budget for $20,000 and 2) to approve a payment to the Fox River Valley Boat Company of $20,000 as a result of funds expended in extending the boat lift to accommodate Phase 4 of the Riverwalk per the executed Easement Agreement with Jim Archos (Director Hobson)

Alderman Glab wanted to know when the easement agreement was approved by The Council, it was signed in 2022 and approved in 2023 January by Director Hobson.

A motion was made by Alderman McClatchey and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote:6-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Davis, Alderman Koch, Alderwoman Miller. 1-nays- Alderwoman Bassi, 0-abstained. Motion approved.

H. Façade Grants

A motion to award façade grants for Fiscal Year 24/25 (Director Martin)

Alderman Koch wanted to know why there would be more money than $5,000, wanted to know why they were given extra money. Alderman Davis commented on the Fox Hole technically the building is underground technically the square footage is not just that small piece.

Director Martin spoke about the lineal frontage for the Law Offices Denise Kuzniewski and how they ended up getting more for their façade grant as well. Alderman Koch would like to see other businesses in McHenry also get a piece of it instead of allowing more, and would like the rules to be followed.

Alderwoman Bassi agrees with Alderman Koch would like to have seen Windhill receive more because they are high visibility.

Alderman Davis spoke about Rita’s and the parking lot and how they would need more help with being high visibility.

Alderman Glab stated that there have been more than two or three of these that have been twisted. The frontage of the building itself is a façade grant. It should be the permanent structure itself to help make it in decent shape. Would be happy to not see this again not wanting to give money away.

Alderwoman Miller is grateful and has improved many businesses that feel it is a success for The City, would like to see a column that explains the impacts of a corner or public space. In alignment with the ask, there still is money available for future asks.

Alderman McClatchey is in support of this to help support small businesses, and maybe finetune this a little more.

Alderman Santi wanted to know if we are not maxed out, confirmed by Director Martin, there are no other applications at this time. There is still money in the budget to move forward with more grants. Wanted to know if there is a way to put a number on existing business for 2-5 years to apply for example.

Alderwoman Bassi asked if this could be revised, per Mayor Jett this is it.

Alderman Davis stated that other businesses asked however they did not fall into the criteria that were to be looked at. Many were denied because of it.

A motion was made by Alderwoman Miller and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 4-ayes: Alderman Santi, Alderman McClatchey, Alderman Davis, Alderwoman Miller. 3-nays- Alderman Glab, Alderwoman Bassi, Alderman Koch. 0-abstained. Motion approved.

Discussion Item Agenda: None

Staff Reports.

Provided the 1st meeting of each month.

Director Polerecky passed out the comp plan and would like comments in another week if possible.

Mayor’s Report: Mayor Jett Would like to state that his notes were inaccurate from the last meeting regarding eminent domain and would like to apologize to Alderwoman Bassi, as she was in fact against eminent domain, and also he has reached out to Green Pea Pod as well.

City Council Comments:

Alderman Glab wanted to know if the six-month City Administrator evaluation will take place and Mayor Jett will be following up with that.

Alderman Koch wanted to know about Light the Night and wanted to make sure that it was only one day.

Executive Session if necessary: None

Adjourn: A motion was made by Alderman McClatchey and seconded by Alderman Santi to adjourn the meeting at 9:05 Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried.

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