McHenry Times

Crystal Lake City Council met March 6.

Here is the minutes provided by the Council:

Call to Order:

Mayor Shepley called the meeting to order at 7:30 p.m.

Roll Call:

Mayor Shepley and Councilmembers Ellen Brady, Ralph Dawson, Cathy Ferguson, Haig Haleblian, Brett Hopkins and Cameron Hubbard were present. None were absent. City Clerk Nick Kachiroubas was also present.

Also present were City Manager Gaty Mayerhofer, City Attomey John Cowlin, Deputy City Manager Eric Helm, Director of Finance George Koczwara, Director of Community Development Michelle Rentzsch, Director of Public Works Mike Magnuson, City Engineer Abby Wilgreen, Chief of Police James Black and Management Assistant Nick Hammonds.

Pledge of Allegiance:

Mayor Shepley led the Council and the audience in the Pledge of Allegiance.

Approval of Minutes:

Councilwoman Ferguson moved to approve the minutes of the February 20, 2018 Regular City Council meeting. Councilman Haleblian seconded the motion. On voice vote, all voted yes. Motion passed.

Accounts Payable:

Councilwoman Ferguson moved to approve the Accounts Payable in the amount of $1,809,329.10. Councilman Hopkins seconded the motion. On roll call, all voted yes. Motion passed.

Public Presentation:

Mayor Shepley asked if anyone in the audience wished to speak on matters of general public interest or concern not included in the regular agenda, and advising that they would be given an opportunity to speak when the agenda item was considered.

Tim O'Neill, a board member of the North Park Beach Homeowners Association spoke on their behalf and stated that he wished to thank the City, particularly Councilman Dawson and Public Works Director Mike Magnuson and including all other City staff, for their efforts and assistance with the flooding issues on the North Shore.

Mayor's Report:

Mayor Shepley provided a recap to the Civic Center Authority Board (CCAB) meeting which had occurred just prior to the City Council meeting, advising that CCAB had approved the termination of a long term lease between the CCAB and the Raue Center for the Arts for the use of the Raue Center, and simultaneously approved the execution of a similar long term lease with Home State Bank, wherein Home State Bank would sublease the building to the Raue Center, which will continue as it has for many years.

He noted this was a very positive development and under this new agreement, Home State Bank would be responsible for all building, structural and maintenance issues, which would benefit all patties, including the City. Mayor Shepley thanked CCAB Chairman Tom Hayden, who also serves as Chairman of the City's Planning and Zoning Commission, for his hard work in securing this good outcome for all.

Regarding a recent Village of Lakewood Board meeting where a topic of discussion was the large silver box-shaped control panel which had been installed by the Village of Lakewood on the Broadway Avenue median, causing great neighborhood concern, Mayor Shepley advised that he had been told that Village President Paul Serwatka had announced that he had made several calls to Mayor Shepley which had not been returned. Mayor Shepley stated that he wanted to set the record straight that he had not received any calls or messages from Mr. Serwatka, noting that the City of Crystal Lake has always been cooperative and if he had received a call, he would have returned it.

City Council Reports:

Councilwoman Ferguson spoke about the recent McHenry County Council of Governments meeting in which States Attorney Patrick Keanelly had provided a presentation regarding the opioid epidemic and the need for services in McHenry County. She stated that he had provided information about the "A Way Out" program to work with law enforcement for assistance, and other programs, including sober living homes which had been subject to opposition, and recovery programs that are sorely needed. She stated that this was a complicated community issue regarding human beings having rights and others having rights to not be subjected to bad decisions, and that Mr. Keanelly had given a very good presentation.

Councilman Haleblian read a note he had received from a resident lauding the City for snow clearing efforts and comparing it to other cities which did not come near the level of Crystal Lake. Mayor Shepley agreed and thanked Public Works Director Mike Magnuson and his team, saying that they always do a great job and it is certainly appreciated.

Consent Agenda:

Councilwoman Brady moved to approve the Consent Agenda consisting of Item 12. Councilman Hopkins seconded the motion. Mayor Shepley asked if anyone in the audience wished to comment on the item noting that without any objection, it would most likely be approved. No one wished to speak. On roll call, all voted yes. Motion passed.

12. Bartley Square, corner of Huntley Road and Bard Road- Granted a one-year extension to the Final PUD and Final Plat of Subdivision to March 4, 2019.

10.Prairie Ridge High School Fishing Tournament at Three Oaks Recreation Area for Saturday, May 5, 2018 from 7:00 a.m.-11:00 a.m. and waiver of fees.

Councilwoman Ferguson stated that she wanted be sure that the fee waiver included all of the participating schools, not just District 155 schools.

The Bass Fishing team from Prairie Ridge High School was present to speak about the event. Several team members spoke, advising how much they enjoyed Three Oaks Recreation Area and looked forward to the event. They also assured that they would clean up after the event. A father of one of the team members added that the fee waiver would be much appreciated so that the monies saved could be used for equipment and supplies. The team's Coach advised that this was a new program which had just slatted last year, and although the School Administration had been supportive, they advised that the team would need to support itself and they had conducted fund raising events and sought out corporate sponsors. He stated that the Council's support in waiving the fees would be greatly appreciated. He also noted that the team was also learning about conservation and would be eager to give back to Three Oaks Recreation Area by doing services such as picking up old lures.

Councilwoman Brady moved to approve a waiver of fees for all students associated with the Prairie Ridge High School Fishing Tournament to be held on Saturday, May 5, 2018 from 7:00 a.m. to I 0:00 a.m. and a waiver of fees for an additional weekday fishing tournament for Distract 155 students at Three Oaks Recreation Area, subject to the recommended conditions listed in the Agenda Supplement. Councilwoman Ferguson seconded the motion. On roll call, all voted yes. Motion passed.

11.Quarry Cable Park- Authorizing the approval of the Quarry Cable Park Wakeboarding Event for Thursday August 2, 2018 through Sunday, August 5, 2018 at Three Oaks Recreation Area. Pat McGinnis was present for the matter and recapped the Quarry Cable Park's successes, events and revenues over the past year. He noted that the Quarry had been honored to be invited to host the World Wakeboard Association's National Wakeboarding Tournament this year and they were hoping for 200 riders and 300 to 400 spectators at the event. He noted that finding a way to streamline the Three Oaks entry gate would be ve1y helpful as participants and their families would be coming in and out of the park during the event. He stated that the economic impact to host communities for this national event was huge before, during and after the event because families of the participants attend and stay in local hotels, eat at local restaurants and shop locally. He advised that the event would be marketed through WGN and Fox 32 television, local radio stations, newspapers, social media, Visit McHenry County tourism guide, Enjoy Illinois magazine and also adve1tised nationally, plus they would have 50 pro riders from Europe at the event.

Mayor Shepley asked if anyone in the audience wished to speak on the matter. No one wished to speak.

Councilman Dawson stated that he had concerns about the crowds but supported the event and wanted to have it go forward, stating that the City could learn from it for future events and solve any issues as they may come up. Councilwoman Brady stated that she anticipated it to be a wonderful event, and compared it to the annual McHenry County Youth Sports Association baseball tournament, which attracted visitors from all over the world. She agreed with Mr. McGinnis' comment that pa1ticipants and their families would come and go from the event as she had recently attended her nephew's swim event and that had occurred. She suggested providing tags or something similar to the Council's recent approval of the Madela event at Three Oaks Recreation Area to facilitate quicker entrance to the park. She also suggested the possibility of using the entrance from Main Street rather than the main entrance for the event.

Councilwoman Ferguson expressed support, saying that the whole purpose of Three Oaks Recreation Area was to be promoted as a unique attraction for C1ystal Lake, and she was happy that The Quarry had been invited to host this event. In response to Councilman Hopkins' question, Mr. McGinnis provided information on preliminary steps that had been taken including working with the Police, Fire, Streets, and Three Oaks staff. Councilman Hubbard stated that he had no issues with the request, and thought the event would be ve1y exciting for Crystal Lake. Councilman Hubbard stated that Mr. McGinnis had "knocked it out of the park" and this was like the World Series for wakeboarding. He noted that if the Quarry had to absorb the entire cost of parking, it would add up to about $13,000 and he was in favor of looking at alternatives such as had been discussed with the Medela request for riders and their families, and spectators paying at the gate. He said he wanted to make this a "rider friendly" event so that they would want to return.

Mayor Shepley agreed that hosting this national championship event would be good for all. He noted that he has attended many similar events and they are all different, but he was confident that a way would be found to make this event work well. He agreed that the entrance off Main Street could be used with a person stationed halfway down to tag windshields so that traffic would not back up on Main Street. Regarding parking, he suggested letting the people pay and that they would do so with a smile. Mr. McGinnis confirmed that he would work with the staff to streamline the event.

Councilwoman Brady moved to authorize approval of the Quany Cable Park Wakeboarding Event, including an optional modification to parking revenue collection, to be held on Thursday, August 2, 2018 through Sunday, August 5, 2018 at Three Oaks Recreation Area, subject to the recommended conditions listed in the agenda supplement. Councilman Haleblian seconded the motion. On roll call, all voted yes. Motion passed.

13. 7-11 Gas Station, 11 Northwest Highway- Special Use Permit for a Gasoline Service Station and Convenience Store with a Gasoline Electronic Pricing signs, and Variation

Attorney Joseph Gottemoller and Chris Ilekis, the developer, were present. Mr. Gottemoller, noting that this was the site of the former "Teddy's Liquor" store, advised that they were in agreement with the Planning and Zoning Commission and the staff recommendation and would be happy to answer any questions. Mayor Shepley asked if they had received any negative feedback from the surrounding properties and Mr. Gottemoller noted that they were only concerned that access to Teckler Drive remained open for all of the properties, and that had been in their plan from the beginning.

Mayor Shepley asked if anyone in the audience wished to speak on the matter. No one wished to speak.

Councilwoman Brady stated that she was glad this property was finally being developed, noting that there were no other gas stations on that pmt of Route 14. Councilman Dawson stated that he had spoken with the next door propetty owner and he had no issues with the proposal. Mayor Shepley asked if staff had any issues with access, and Director of Community Development Michelle Rentzsch advised that staff had no issues and were glad that one curb cut onto Route 14 was being eliminated.

Councilwoman Brady moved to approve the Planning and Zoning Commission recommendations and to adopt an Ordinance granting a Special Use Permit to allow a Gasoline Service Station and Convenience Store with a gasoline electronic pricing sign and variations at II Northwest Highway. Councilwoman Ferguson seconded the motion. On roll call, all voted yes. Motion passed.

14.105 Minnie Street - Preliminary and Final Planned Unit Development to allow a completely residential project within the B-4 Mixed-Use Business zoning district.

Pete Kourtis stated that he was in attendance for his sister, the property owner. He advised that they had no issues with the Planning and Zoning Commission recommendations. Mayor Shepley asked about the two "no" votes on the Planning and Zoning Commission and Director of Community Development Michelle Rentzsch advised that they had questioned if a residential use and the density was appropriate for that area of town.

Mayor Shepley asked if anyone in the audience wished to speak on the matter. No one wished to speak.

Councilwoman Ferguson advised that a nearby physician who treats individuals with sexual disorders had concerns if there would be an issue if there were children in the residence. Police Chief Black advised that he would look into the matter. Councilman Dawson stated that he did not suppmt shared driveways since they seem to breed conflict, noting that this proposal had two driveways, and that he had no other issues. Mayor Shepley noted that matter had been included in the Planning and Zoning Commission recommendations. There were no concerns from the rest of the Council.

Councilwoman Brady moved to approve the Planning and Zoning Commission recommendations and to adopt an Ordinance granting the Preliminary/Final Planned Unit Development to allow a residential duplex at I OS Minnie Street. Councilwoman Ferguson seconded the motion. On roll call, all voted yes. Motion passed.

15. Woodlore Estates (formerly Preston Pines), River Birch Boulevard/Route 31 & Brighton Lane/Route 31 - Final Planned Unit Development Amendment to allow changes to the master plan and Preliminary Plat of Subdivision.

Attorney Lisa Waggoner introduced the matter, stating that after the City Council's review of the concept plan for this development a few months ago, they had worked with staff to incorporate the Council's suggestions and were excited to bring the proposal to the Council.

Scott Guerard, Vice President of Land Acquisitions for Lennar Homes, advised that since it had merged with Cal Atlantic, Lennar Homes was the largest home builder in the U. S. He commended the City staff for their cooperation, assistance and prompt, direct answers to their questions.

Rich Olson, the landscape architect, provided information on the subdivision, Preston Pines, which had been previously approved as a Final PUD by the City Council in 2006/2007 and included 275 single family homes and 184 townhomes. He stated that under Lennar's ownership, the revised plan for Woodlore Estates was for 319 Single Family homes, 105 Active Adult Single Family Homes and 68 Townhomes, noting that the Active Adult component would include a Clubhouse. He noted that a large park had also been included in the central area, which would have play equipment and a trail system. He stated that an access road would be constructed to allow a road connection to the south to Route 176, which had not been included on the concept plan, and he described additional amenities of the park and trail system.

Mayor Shepley asked if they were in agreement with the conditions recommended by the Planning and Zoning Commission. Ms. Waggoner advised that they were, but there was a concern with the meeting minutes which referred to extending Carpathian to the south, and it was already in place in a development agreement extending all the way around 176, but engineering still needed to be finalized and submitted to IDOT for approvals. Also, Condition Sa refers to it being constructed during Phase I, which Ms. Waggoner said was confusing because that may not happen in Phase I, although they did not object to the recommended completion date of no later than September, 2020. In order to avoid any future confusion, Ms. Waggoner asked that "during Phase I" be deleted from the recommendation. She stated that they had tried to include all of the Council's preferences in the proposed plan and had no issues with any other recommended conditions.

Mayor Shepley asked if anyone in the audience wished to speak on the matter. No one wished to speak.

Councilwoman Ferguson asked if there would be any way to tie into the three way stoplight at Smith Road and Route 176? Ms. Rentzsch advised that Liberty Storage has a building in that location so a connection cannot be made. Councilwoman Ferguson noted that there has been a lot of concern about the hill, curve and sight line to exit onto Route 176.

Regarding Carpathian Drive, Councilman Dawson stated that he wanted to be certain that the City was legally covered to ensure that the road would be put through, noting that he also did not wish to wait two years for IDOT approval. Mr. Guerard stated that the plans had been submitted to IDOT but it does take 18-24 months for their review, which they do at their own pace. He stated that Lennar wanted the road put through as it would be a great marketing window, and there was no reason they would not construct it. He also noted that if the road was not constructed by the deadline date, they would not receive any further building permits, which they did not want to happen. Councilman Dawson stated that he was concerned about promises not kept by other developers in the past and asked if Lennar does not have !DOT's approval after developing the southern portion, would they come back later and put the road through? Mr. Guerard stated that the road would be constructed as soon as they receive IDOT approval, and there was no benefit to them to not construct the road. To further allay Councilman Dawson's concerns, Mayor Shepley advised that developers are required to post a performance bond to ensure infrastructure improvements occur.

Councilmembers Brady, Hopkins and Hubbard had no concems to discuss. Councilman Haleblian asked if the vacant comer property along Route 31 was the former Ambutal and Mr. Guerard advised that it was.

Mayor Shepley noted that all of the Council's concerns had been met, especially the connection to Route 176 and he was comfortable with knowing that would be completed. He said this was a good, reasonable, well thought out project and it was impmtant for Crystal Lake to keep moving forward as a community. He did express a concern that the development was divided in two elementaty school districts, 46 and 47, and asked Mr. Guerard to make an effmt to reconfigure all of it to be in District 47, noting that many people move to Crystal Lake because of the excellent schools. Mr. Guerard agreed to work on the matter, noting that being in one school district would also be good for sales.

Councilman Haleblian asked if the College Hill subdivision would have access to Woodlore Estates and Mr. Guerard stated that would be up to them, as he understood the Township had placed the road ban•iers in response to neighborhood concems about traffic, noting that Lennar was much in favor of removing the barriers.

Councilwoman Brady moved to approve the Planning and Zoning Commission recommendations, removing "Phase !" from Condition Sa, and to adopt an Ordinance granting the Final Planned Unit Development Amendment to allow changes to the master plan and Preliminaty Plat of Subdivision for Woodlore Estates. Councilwoman Ferguson seconded the motion. On roll call, all voted yes. Motion passed.

16. Discussion Only Neon /LED Lighting & EMC Signs.

Director of Community Development Michelle Rentzsch presented matters for Council discussion:

Neon/LED lighting- Discussion: Continue to restrict or amend the UDO to allow LED lighting to accent the facade of commercial buildings? Previous Council decisions have been to count this lighting as signage and decide on a case by case basis. LED can be twice as bright as neon.

Lighting outlining windows is currently prohibited. Discussion: Should there be a distinction between Neon and LED lighting? Ms. Rentzsch advised that the current ordinance does not allow for window outlining but 25 businesses already have them, noting that lighted windows installed prior to 2009 could also be grand fathered, if desirable.

EMC Signs. Discussion: Should the EMC sign criteria be amended to open up the location and lot size restrictions and to allow for more colors and shorter dwell time? Ms. Rentzsch advised that research has shown that signs with a single color on a black background and changing every minute are the least distracting to drivers. She asked if the Council wished to consider these changes.

City Council discussion:

The Council discussed all of the items together. Councilwoman Brady asked if anyone even uses neon lighting anymore and Ms. Rentzsch agreed it was not installed anymore but there was some neon out there in use. Councilwoman Brady stated that she did not wish to promote an antiquated product that uses more electricity and what the Council has allowed in the past for LED lighting around buildings was fine with her, stating that she likes the look of lighted buildings. She asked if Ms. Rentzsch had ever gotten the sense that a petitioner has left a Council meeting truly disappointed with their lighting request? She stated that she thought the Council has been fair in its decisions to make buildings more attractive. Ms. Rentzsch advised that it is nice to use LED lighting to accent beautiful architecture and she believed it was easier to evaluate proposals on a case by case basis.

Councilman Dawson agreed, but stated that he was not in favor of having lights all around windows. Councilwoman Ferguson stated that she had no problem with LED lighting and that reviewing proposals on a case by case basis made sense, noting that she did not want the Council to be the "taste police" regarding gaudiness, but she thought the sushi place in front of Walmart had overdone the lighting and it was far too bright. She said that in order to not be subjective, lighting needed to be discussed as to what is considered signage. Councilwoman Brady noted that all lighting is currently counted as signage, and the Council needed to be able to be flexible in its decisions, leaving room for give and take.

Regarding Councilwoman Ferguson's comment about sushi place, Ms. Rentzsch advised that they were in violation of the Sign Ordinance and had been contacted, but they countered that other establishments have lights around their windows. Councilman Hopkins noted that it all comes down to personal preference, which he did not like, but he did like that lighting is tied to signage so the Council does have some level of control. He stated that he was in favor of keeping approvals on a case by case basis.

Councilman Hubbard agreed that decisions should remain on a case by case basis, but stated that the only reason he would have any issue would be if every business decided to put LED rope lighting around their buildings making the City look like Christmas all year round and able to be seen from space. Councilman Haleblian also agreed to keep decisions on a case by case basis, noting that he did like the look of architecturally lit buildings. Councilwoman Brady confirmed with Ms. Rentzsch that neon is not allowed. and Councilman Hopkins confirmed that neon and LED would be eliminated for windows?. Councilwoman Ferguson noted that there are many bars with neon beer logos in their windows and Ms. Rentzsch noted that the restriction would only be for outlining the windows, and that businesses are currently not allowed to cover more than 25% of the window area.

Mayor Shepley recalled past proposals for signage that had caused much discussion and great consternation among the Council, but noted that a level of balance had been reached which works, and that "nothing is broken" regarding the case by case system currently in place. Mayor Shepley said that overly lighted windows need to be enforced. Regarding designating specific roads for EMC signs, he stated that designation would only invite more signs and he did not wish to change the current process. He added that like it or not, the Council was elected to be the "taste police" in everything it does, and it has done so very cautiously in the past.

Councilman Hopkins stated that being the "taste police" was one of the Council's best ways to provide a petitioner with an idea of where they stand. Councilman Dawson stated that he did not wish to change the current way of reviewing signage and lighting on a case by case basis. Councilwoman Brady asked if there are any regulations about changeable copy signs and Ms. Rentzsch advised that they are currently allowed anywhere in the City. Councilman Brady stated that she thought they were the most unattractive signs available and LED is much more attractive, asked why the City would ever want to promote installing a changeable copy sign. Mayor Shepley questioned when the last time was that anyone had requested such a sign, noting that he did not believe this was an issue. Councilwoman Brady noted that places such as Healthbridge could benefit from a changeable copy sign. Councilman Haleblian advised that such signs cost $30,000 and Councilwoman Brady said that would eliminate requests from anyone who doesn't feel such a sign is needed for their business.

Councilwoman Brady stated that she did not believe EMCs should be restricted to certain roads. Mayor Shepley stated that he wanted the roads restricted because otherwise EMCs could be installed anywhere with unintended consequences, and the current process gives the Council the ability to exercise judgment, but if the gates were opened, the Council would have no say in the matters. Councilman Dawson stated that could change the whole downtown and he was in favor of leaving the restrictions as they are. Councilman Hopkins asked if the Planning and Zoning Commission had an area in mind when they posed this question, and Ms. Rentzsch advised it was the Culver's sign on Pingree Road that started the discussion.

The Council continued to discuss various thoughts about the matter, with Ms. Rentzsch advising that the current discussion was a result of the Planning and Zoning Commission's desire to have more clarity in response to Mayor Shepley's question about signs being reviewed by them for recommendation to the Council.

The final consensus of the Council was to take no action on the matters discussed and review lighting and EMC signage proposals on a case by case basis and to enforce the City's restrictions on lighting strips around windows.

17. Resolution authorizing the execution of a contract with J.A. Johnson Paving for the 2018 Patching Program.

Councilwoman Brady moved to adopt a Resolution authorizing the City Manager to execute a one-year contract with J. A. Johnson Paving Co. in the submitted bid amount. Councilman Haleblian seconded the motion. On roll call, all voted yes. Motion passed.

18. Bid award and resolution authorizing the execution of a contract with Ryco Landscaping for the Landscape, Mowing, and Maintenance Program.

Councilwoman Ferguson moved to award the hid for the City's Landscape, Mowing and Maintenance Program to the lowest responsive and responsible bidder, Ryco Landscaping, and to adopt a Resolution authorizing the City Manager to execute a three year contract with Ryco Landscaping for the Landscape, Mowing and Maintenance Program in the submitted bid amounts with the option to extend the contract for two one-year extensions. Councilman Hopkins seconded the motion.

Councilwoman Brady asked if the City was changing from previous years. Public Works Director Mike Magnuson advised that the City had three or four different landscaping company contracts and to be efficient they were all combined into one contract for this bid, which would provide for more accountability. Councilwoman Brady stated that Acres Group has done a ve1y good job with the downtown flower beds, but Mr. Magnuson advised they had submitted an incomplete bid.

On roll call, all voted yes. Motion passed.

19. Bid award and resolution authorizing the execution of a contract with Ron Jones Electric for the Lift Stations #8, #13, #17, & #28 Generator Improvements.

Councilwoman Brady moved to award the bid for Lift Stations 8, 13, 17 and 28 Generator Improvements to the lowest responsible, responsive bidder, Ron Jones Electric, and to adopt a Resolution authorizing the City Manager to execute a contract with Ron Jones Electric in the submitted bid amount, allowing for a 10 percent contingency. Councilman Haleblian seconded the motion. Motion passed.

20. Bid award and resolution authorizing the execution of a contract with Ron Jones Electric for the Municipal Complex Grounding and Bonding Project.

Councilwoman Ferguson moved to award the bid for the Municipal Complex Grounding and Bonding Project to the lowest responsible, responsive bidder, Ron Jones Electric, and to adopt a Resolution authorizing the City Manager to execute a contract with Ron Jones Electric in the submitted bid amount, allowing for a I 0 percent contingency. Councilman Hopkins seconded the motion. On roll call, all voted yes. Motion passed.

21. Resolution authorizing the execution of an agreement with Baxter & Woodman Inc. for the design and construction engineering services for the rehabilitation of Water Treatment Plant #2.

Councilwoman Brady moved to award the proposal for the design and construction engineering services for the rehabilitation of Water Treatment Plant #2 to Baxter & Woodman Inc., and to adopt a Resolution authorizing the City Manager to execute an agreement with Baxter & Woodman Inc. in the amount of $454,750 and approve changes in scope by 10 percent of the original price. Councilman Haleblian seconded the motion. On roll call, all voted yes. Motion passed.

Council Inquiries and Requests. None.

Adjourn:

There being no further business, Councilwoman Brady moved to adjourn the meeting at 9:20 p.m. Councilman Haleblian seconded the motion. On voice vote, all voted yes. Motion passed.

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