McHenry Times

Crystal Lake City Council met April 3.

Here is the minutes provided by the Council:

Call to Order:

Mayor Shepley called the meeting to order at 7:3 0 p.m.

Roll Call:

Mayor Aaron Shepley and Councilmembers Ellen Brady, Ralph Dawson, Cathy Ferguson, Haig Haleblian and Cameron Hubbard were present. Councilman Brett Hopkins was absent. City Clerk Nick Kachiroubas was also present.

Also present were City Manager Gary Mayerhofer, City Attorney John Cowlin, City Special Counsel Vic Filippini, Deputy City Manager Eric Helm, Director of Community Development Michelle Rentzsch, Director of Public Works Michael Magnuson, City Engineer Abby Wilgreen, Senior Plarrner Liz Maxwell and Chief of Police James Black.

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 March 20, 2018 Regular City Council meeting. Councilman Haleblian seconded the motion. On voice vote, all present voted yes. Motion passed.

Accounts Payable:

Councilwoman Ferguson moved to approve the Accounts Payable in the amount of $2, 156,902.21. Councilman Haleblian seconded the motion. On roll call, all present 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.

Greg Glover of the McHenry County Bicycle Advocates rose to speak aboutthe bike path near the proposed Mercy Hospital, but Mayor Shepley advised him to wait until that matter was considered later in the meeting.

Mayor's Report:

None.

City Council Reports:

None.

Consent Agenda:

Councilwoman Brady moved to approve the Consent Agenda consisting of Items 9a, b, c and d with the addition of Items 10, 11 (continue to the April 17, 2018 regular City Council meeting), and 13. Councilwoman Ferguson seconded the motion. Mayor Shepley asked if anyone in the audience wished to comment any of the items, noting that without any objection, they would most likely be approved. Tom Gillis of the Marine Corps League thanked the Council for their consideration and invited them to attend the luncheon at the Fishing Derby on June 14th. Mayor Shepley thanked Mr. Gillis and all of the veterans for their service to our country. On roll call, all present voted yes. Motion passed.

9a. Run and Roll Event- Approved the issuance of a Special Event permit for the Run and Roll for the Dole Duathlon and waiver of the speed limit, traffic laws, the Special Event fee ($50) and Police Department charge back fees ($1, 891. 08) pursuant to the conditions listed on the Agenda Supplement.

9b. Marine Corps League -Approved a waiver of the fees associated with the June 14, 2018fishing derby event at Three Oaks Recreation Area.

9c. Willow Creek Crystal Lake- Approved a request to hold a special event at Three Oaks Recreation Area on Sunday September 9, 2018from 12:00 p.m. to 5:00p.m. with a rain date of Sunday, September 16, 2018.

9d. Adopted a Resolution placing the proposed Annual Budget on public display and setting the Public Hearing date for the proposed Annual Budget for Fiscal Year 2018/2019 for the April 17, 2018 regular City Council meeting.

10. 6315 Northwest Highway, Spa Thera Pe - Approved the Planning and Zoning Commission recommendations and adopted an Ordinance granting a Special Use Permit for a massage establishment at 6315 Northwest Highway.

11. 5764 Northwest Highway, TJ Maxx- Continued consideration ofthe Final Planned Unit Development Amendment to allow changes to the fa9ade and additional signage to the April 17, 2018 regular City Council meeting, at the petitioner's request.

13. Adopted an Ordinance reserving the State of Illinois volume cap for private activity bonds.

12. Resolution determining Hotel/Motel Tax Distribution for the Rane Center for the Arts.

As there was no one present at the meeting to represent the request, the consensus of the Council was to consider the matter at the next regular City Council meeting on April 17, 2018.

Mayor Shepley Recusal:

Mayor Shepley stated that, even though he is a full-time employee of Centegra Health Systems, he did not have a pecuniary interest in the outcome of the proposal from Mercy health. As a result, Mayor Shepley noted that legally he did not have a conflict of interest in considering the proposal, but, in order to avoid the appearance of anything improper, he was excusing himself from the meeting and would leave the building and not return that evening. Mayor Shepley then left the City Council meeting at 7:43p.m. City Councilmembers Brady, Dawson, Ferguson, Haleblian and Hubbard remained present.

Mayor Pro-Tempore:

Councilman Dawson moved to appoint Councilwoman Brady as Mayor Pro Tempore. Councilwoman Ferguson seconded the motion. On roll call, all present voted yes.

14. Mercyhealth - 875 S. Route 31, Mercyhealth- Final Planned Unit Development for a hospital and medical center.

Mercyhealth Presentation:

Attorney Joseph Gottemoller, Vice President for Mercyhealth Jennifer Hall, architect Matt Sanders and engineer Vaughn Lewis were present.

Mr. Gottemoller started by reviewing the Planning and Zoning Commission (PZC) conditions aod stated that the PZC had been concerned about who would apply to !DOT for "right-in/right-out" at Raymond Drive. He stated that Mercy would apply to IDOT for this approval.

Regarding the PZC's recommendation to finalize the traffic study, Mr. Gottemoller suggested that a further refinement of the traffic study was unnecessary because the traffic analysis would increase by only 60 cars, which would not materially change Mercy's percentage share of responsibility for road improvements.

Regarding the PZC's recommendation regarding signage along Tlnee Oaks Road, Mr. Gottemoller stated that Mercy could easily meet that recommendation.

Regarding the PZC's condition that Mercy provide a Letter of Credit for their share of the improvements, Mr. Gottemoller stated that since those improvements were undetermined, Mercy could end up paying for the Letter of Credit for 30 years and nothing would have been built. He asked that this condition be dropped.

Mr. Gottemoller also stated that Mercy had already donated Lutter Drive and asked that the words "without compensation" be dropped from the draft ordinance before the City Council.

City Council Consideration:

Director of Community Development Michelle Rentzsch provided ao onscreen presentation of points for City Council consideration aod distributed a revised draft ordinance, to address what Mercy had brought up at the PZC meeting.

Councilman Dawson asked if Mercy had seen this information as he felt it should have been included in the documents provided to them. Ms. Rentzsch advised that this was staff's attempt to address what Mercy had brought up at the PZC meeting.

1.Final Traffic Study and Right-of-Way Dedications:

Ms. Rentzsch stated that IDOT wiiJ require a traffic study for the various road improvements. She also noted that the City has always asked for right-of-way dedication at the time of zoning approval, since that is the only time available to the City for that purpose. She showed a depiction of the Fair Share participation from the draft traffic study.

2. Letter of Credit for roadway improvements:

Councilman Dawson noted that a housing developer had been required to post a Letter of Credit in case the County were to require a traffic signal at Walkup/Crystal Ridge, but when they did not, the developer got his money back. He said that this is not the same because Mercy is a hospital and would not leave the property, but even if it did, it would be taken over by another hospital. Ms. Rentzsch observed that it was standard practice of the City to obtain security from a developer regarding improvements to be made.

3. Dedication for future Right of Way: Ms. Rentzsch noted that the revised draft ordinance before the City Council sets forth more particularly areas of dedication.

4. Tree Bank deposit:

Councilman Dawson stated that he did not believe that section of the Unified Development Ordinance (UDO) had been designed for hospitals, but rather commercial buildings and offices. He stated that he was not in favor of requiring a donation of money from a hospital to plant trees in other areas of the City and he would rather they put that money into the hospital. He stated that the hospital would be very nicely landscaped and meet all City requirements.

Ms. Rentzsch advised that the intent of the Ordinance had been to ensure that if trees are cut down, compensation would be determined by a percentage based on the quality of those trees, and the developer could choose to provide replacement trees or a dollar amount to the City's tree bank. She noted that two recent redevelopments, Mariano's and Enterprise had met the ordinance's requirements and it was hoped that Mercy would do that as well with this green field development or provide funds to the tree bank.

Public Comment:

Mayor Pro Tempore Brady asked if anyone in the audience wished to speak on the matter.

Greg Glover, President of McHenry County Bicycle Advocates, gave a presentation regarding gaps in the multi-use path on Three Oaks Road and Route 3lnear the Mercy health property. He stated that the path on Three Oaks Road currently ends at Sage Products and needs to be extended to Route 31 and the current multi-use path on Route 31 ends just north of Pauly Toyota and needs to be extended to Three Oaks Road. He also stated that the paths needs to be ten feet wide and not a standard sidewalk.

Mr. Glover spoke about safety concerns, particularly along Three Oaks Road east of Route 31 and on Route 31 which has no shoulder or sidewalk; access to health and recreational areas such as the Sage YMCA, Three Oaks Recreation Area and the Prairie Path; cross town access to businesses and tourism attractions; and that the paths could have beneficial environmental impact as a commuting alternative. Mr. Glover stated that the gaps are already in Crystal Lake's long term plans and have been endorsed by Cary and Algonquin and that segments could occur in phases with funding through a mix of entities, including Mercyhealth, the City of Crystal Lake, State and Federal grants, Algonquin Township and others. He asked that efforts be made in connection with the Mercy development and otherwise to link-up the pathways.

Fred Roediger stated that he owns the Heritage Title building at Three Oaks Road and Lutter Drive and Mr. Roediger expressed concerns that extending the path and the location of turn lanes for the Mercy development would adversely impact his property. City Engineer Abby Wilgreen assured him that the turn lane would not overlap the entrance to his property.

There was no further public comment.

In response to Mr. Glover's presentation regarding the bike/multi-use path, representatives of Mercy health summarized the plans for a pathway on and associated with the development, noting that the path had been pulled away from Route 31 for safety reasons. Ms. Rentzsch confirmed their plans were showing an internal sidewalk which would connect to the current path. Council members discussed short- and longer-term options for path extensions in the vicinity of the Mercy proposal.

Continuation of City Council Consideration:

4. Tree Bank deposit: Requirement to provide trees or provide cash for trees to be planted throughout the City? The Council continued their discussion of this matter.

Regarding the landscaping plan, Mr. Gottemoller stated that his concern was about screening because the hospital site has a significant amount of trees and adding more landscaping could obscure it from view. He also again expressed concern about the requirement to pay $29,000 to the City's tree bank fund. In response to a query from Councilman Hubbard, Ms. Rentzsch summarized the provisions ofthe tree replacement regulations, noting that applicants have the option to planting trees or to conttibute to the City's tree bank to be used for trees throughout the City. Council members expressed some concern about applying the tree fund requirement in this case, but they also recognized that there was an issue of fairness if the ordinance were not applied when others abided it.

Councilwoman Ferguson asked whether there could be a compromise to get the proposal closer to meeting the ordinance requirements, and she suggested possibly adding trees near the office area.

Mayor Pro Tempore Brady asked Ms. Rentzsch how many times the City Council had waived the tree requirement in the past. Ms. Rentzsch stated that has typically been done as part of an annexation agreement and the City has received funds for the tree bank in the past from developers. Special Counsel Filippini suggested language that Condition 4b could be deferred until Sign Variation consideration or if no variations are necessary. Mr. Filippini added "unless such amount is adjusted in approved modifications of a landscaping plan". The Council had no objection.

1.Raymond Drive right in/right out

The Council continued their discussion of this matter. Mr. Gottemoller again stated that Mercy wished to use the traffic study they currently have. Director of Public Works Michael Magnuson stated that 60 cars was a small amount, but !DOT will want a traffic study to match the "right in/right out" plan. After some discussion and acknowledgement that the revised draft agreement specified the areas to be addressed in the final traffic study, it was agreed to revise the draft ordinance further to specify that Mercy only needs to do a new traffic study if required by IDOT.

3. Dedication for future Right of Way

Mr. Gottemoller stated that the problems with the right-of-way dedication requirement in the draft ordinance were that the amount was unknown, and Mercy was not getting credit for it. After discussion by various Council members, Ms. Rentzsch noted that the City had the same conversation with Willow Creek and had added language stating, "the least amount necessary". Mr. Magnuson pointed out how tight the property lines are at Three Oaks Road and Route 31 and there needed to be room to add road, curb, storm sewer and grading, noting that the City is aware it will need that, and it should be provided for in the approval. Mr. Gottemoller suggested adding "minimum necessary without compensation" language and if the City should need more, Mercy should get credit for it.

In response to Councilwoman Ferguson's question, Ms. Rentzsch advised that for every project, the developer provides land for right-of-way without compensation and also completes any required roadway improvements and none have not. She suggested that the condition language could be altered to reflect "minimum necessary" or the granting of a roadway easement. Mr. Gottemoller stated this was a different type of development, but Council members were concerned about setting a precedent.

2. Letter of Credit for roadway improvements

Ms. Hall stated that Mercy did not wish to provide a Letter of Credit for 20 years or more because it did not make financial sense. Councilwoman Ferguson and others were amenable to narrowing the obligation of carrying a letter of credit for an undetermined time period. In response, Mr. Filippini suggested revising Paragraph 7c of the draft approval ordinance by adding at the end of Paragraph 7c the following:

"Notwithstanding the foregoing, in the event that the petitioner executes an agreement (which shall be in a form reasonably satisfactory to the Director of Public Works and the City Attorney) to be recorded against the site that ensures the payment of the final cost-sharing amount by the petitioner or petitioner's successor in ownership, the requirement for a Letter of Credit, Bond or Escrow payment shall be waived. "

Mr. Gottemoller agreed, but stated tbat he would still like the words "without compensation" deleted from Paragraph 7b. Although Council members discussed this issue further, the consensus among the Council members was to follow customary City policy regarding right-of-way dedications without compensation.

Upon conclusion of the discussions on these issues, Mr. Gottemoller noted other various conditions of the Planning and Zoning Commission and indicated Mercy health's agreement and that Mercy would work with City staff to resolve any issues.

Mr. Filippini summarized what he understood to be the revisions to the draft approval ordinance. Both Council members and representatives of Mercyhealth concurred with such revisions (although Mr. Gottemoller reiterated his request to drop the words "without compensation").

Recess and Reconvene:

City Manager Gary Mayerhofer asked for a short recess so that staff could incorporate the suggested changes to the approval ordinance and bring it back to the Council for consideration.

Councilman Dawson moved to recess at 9:08 p.m. Councilwoman Ferguson seconded the motion. On roll call, all present voted yes. Motion passed.

Councilman Dawson moved to reconvene the meeting at 9:20p.m. Councilwoman Ferguson seconded the motion. On roll call, all present voted yes. Motion passed.

Review o f proposed Ordinance changes:

Mayor Pro Tempore Brady asked Mr. Gottemoller if Mercyhealth was in agreement with the revised ordinance. Mr. Gottemoller stated that they were fine with the changes, except they still objected to the words "without compensation" in condition 7b. Councilman Haleblian stated that he did not wish to revise Paragraph 7b. Councilman Dawson stated that he wanted the project to proceed and would leave Paragraph 7b as is.

Ordinance Adoption:

Councilman Hubbard moved to adopt the Ordinance as modified approving the Final PUD with variations for a hospital for Mercy Health at 875 South Route 31. Councilwoman Ferguson seconded the motion. On roll call, all present voted yes. Motion passed.

Council Inquiries and Requests:

Councilwoman Ferguson expressed concern that the "truck no parking" restriction on Main Street at Prairie Street was still being ignored and causing a line of sight hazard at that intersection. She requested additional enforcement in this area.

Councilman Dawson said that the Mercyhealth Systems information for the City Council changed substantially from what the Planning and Zoning Commission had seen, and he thought such last-minute changes should generally be avoided.

Adjourn:

There being no further business, Councilwoman Dawson moved to adjourn the meeting at 9:24 p.m. Councilwoman Ferguson seconded the motion. On voice vote, all present voted yes. Motion passed.

https://ecode360.com/documents/CR2206/public/433617349.pdf