McHenry Times

McHenry County Planning, Environment & Development Committee met Nov. 2.

Here is the minutes provided by the committee:

1. CALL TO ORDER

Meeting called to order at: 8:32 AM by Larry W Smith.

PRESENT: Smith, Reinert, Nowak, Bates (8:30 AM - 10:33 AM), Yensen, McCann ABSENT: Gottemoller

Also present: Peter Austin, County Administrator; Dennis Sandquist, Director of Planning and Development; Kim Kolner, Planning and Development Senior Planner; Joanna Colletti, Planning and Development Water Resource Manager; Scott Jacobson, Assistant State's Attorney; Sarah Dzurik, Assistant State's Attorney; Kate Evasic, CMAP Project manager; Dan Volkers, McHenry County Farm Bureau.

2. MINUTES APPROVAL

1. Planning, Environment & Development - Public Meeting - Aug 7, 2018 8:30 AM

Dr. Yensen made a motion, seconded by Ms. Bates, to approve the minutes of the meeting of August 7, 2018. The motion passed with a voice vote of all present members voting aye. (Absent was Gottemoller)

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Paula Yensen

SECONDER: Kay Bates

AYES: Smith, Reinert, Nowak, Bates, Yensen, McCann

ABSENT: Gottemoller

2. Planning, Environment & Development - Public Meeting - Sep 4, 2018 8:30 AM

Dr. Yensen made a motion, seconded by Ms. Bates, to approve the minutes of the meeting of September 4, 2018. The motion passed with a voice vote of all present members voting aye. (Absent was Gottemoller)

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Paula Yensen

SECONDER: Kay Bates

AYES: Smith, Reinert, Nowak, Bates, Yensen, McCann

ABSENT: Gottemoller

3. PUBLIC COMMENT

Tom Fernstrom, Cary, addressed the committee members with his concerns regarding the Fox River Corridor Plan. Mr. Fernstrom indicated some interpretations of the plan were to create more no wake zones and was wondering if this was still a part of the plan. Chairman Smith asked Mr. Fernstrom if he received a copy of the plan and Mr. Fernstrom stated that he did but that it only talked about safe areas, not "no wake" areas. Mr. Fernstrom stated they needed to know what the definition of "safe area" was. Chairman Smith informed Mr. Fernstrom they would ask about his concerns during the presentation of the Fox River Corridor Plan.

Ralph Wenzel, Cary, addressed the committee members with his concerns regarding the Fox River Corridor Plan. Mr. Wenzel explained a lot of the sedimentation was caused by MCCD (McHenry County Conservation District) whom he states are not good conservatives of their property. Mr. Wenzel stated MCCD has a long shoreline, and what was once a peninsula is now two islands because of the sedimentation they have let go. He stated if you go across the lake to Lake County they have rip rap put up and MCCD does not. Mr. Wenzel mentioned MCCD had a plan for rip rap at one time with the Fox Waterway Agency but let it go. Mr. Wenzel informed the committee members they would cause more traffic problems with a no wake area. He also mentioned there were only three accidents in an eight-year period which with so much traffic, is not bad. Mr. Wenzel stated he lives just south of MCCD, which is located at mile marker 91, in the summer when the water is low, with all the sedimentation he can see heron's toenails when it is standing in the water.

Jim Massaro, Cary, addressed the committee members regarding the Fox River Corridor Plan. Mr. Massaro stated he was a long time resident of Cary, currently lives on the river and is here today to further educate himself on the Fox River Corridor Plan.

Mary Moltman, Bull Valley, addressed the committee members to wish them a Happy Water New Year. Ms. Moltman stated the U.S. Geological Survey has chosen to define the "Water Year" as the 12-month period beginning October 1 and ending the following September 30. Ms. Moltman indicated upon review of the Fox River Corridor Plan, on page 38, it states "Projected increases in rainfall will further expose riverfront communities to flood-related impacts." She also stated she was here to tell them the projected increases in rainfall, that CMAP cites in various documents, and is reported in a 2017 Illinois State Climate Summary published in an NOAA Technical Report is already happening in McHenry County and in her backyard. Ms. Moltman stated data from the State Climatologist's office and her backyard indicate heavier rain with the resulting risk of flooding is in our County's future. She is asking the committee members to continue the excellent work that they have outlined in the Fox River Corridor Plan and begin working on two of the Action Items in The County's Natural Hazard Mitigation Plan; No. four, Watershed Studies and No. eleven, Identification of Floodplain Structures.

4. MEMBERS' COMMENTS

Mary McCann addressed the committee members to discuss her concern with not having a County Board liaison to the Fox River Waterway Agency. She stated while there is an outside representative they do not receive reports. Ms. McCann stated she felt having a presence on it really makes a difference since they are now working with the program and improvements along the Fox River Waterway in McHenry County. Ms. McCann stated going forward they need to inform Chairman Franks about they need of a County Board liaison.

Ms. McCann also mentioned there is a Challenges and Opportunities document that just became available from CMAP about working on water resources. Ms. McCann stated she would like to make additional comments at the end of the meeting after everyone is familiar with the report.

5. PRESENTATION

1. Fox River Corridor Plan - Presentation (Economic and Workforce Development), (Stable Environment and Sustainability)

Dennis Sandquist, Director of Planning and Development, along with Kim Kolner, Planning and Development Senior Planner and Kate Evasic, CMAP (Chicago Metropolitan Agency for Planning) Project Manager, joined the committee members for a presentation of the Fox River Corridor Plan. Kate Evasic gave the committee members an overview as to what is in the draft plan of the Fox River Corridor Plan Study. Ms. Evasic stated the Fox River Corridor Plan is a plan for a large area comprising eight communities. Throughout the last two years, she stated they had been hearing from members of the public, different community organizations and agencies in the area, to develop a vision for the Fox River over the next 10-15 years. The vision was formed by what they heard from the public and is not meant to be set in stone; and outlines the steps needed to achieve that goal. Part of what is outlined in the plan are recommendations that have been made in other plans throughout this area such as water-shed plans and community comprehensive plans. By looking at the Fox River as their focus area they have been able to look at the relationship that the communities have with the river as well as summarize all of the recommendations that have been made across many different jurisdictions. With the plan, they have been able to distill some priorities as well as provide a path for coordinated decision making. Many of the issues of sedimentation of natural resource protection cross municipal boundaries; so by looking at it more regionally, they are able to identify what players need to come to the table to make some of the recommendations a reality.

The full presentation and comments on the Fox River Corridor Plan can be heard on the audio section of the McHenry County's website.

6. NEW BUSINESS

1. Resolution Adopting the Fox River Corridor Plan (Economic and Workforce Development), (Stable Environment and Sustainability)

After a presentation was given on the Fox River Corridor Plan by Kate Evasic, CMAP Project Manager; after a discussion with Dennis Sandquist, Director of Planning and Development; Kim Kolner, Planning and Development Senior Planner; committee members and select community members, Chairman Smith presented the committee members with the formal resolution adopting the Fox River Corridor Plan. A motion was made by Dr. Yensen, seconded by Ms. McCann, and the motion passed by all members present voting aye on a voice vote. (Absent was Gottemoller)

RESULT: RECOMMENDED [UNANIMOUS]

MOVER: Paula Yensen

SECONDER: Mary McCann

AYES: Smith, Reinert, Nowak, Bates, Yensen, McCann

ABSENT: Gottemoller

2. Arthur Street Regional Detention Study - Discussion and Direction (Quality Infrastructure), (Stable Environment and Sustainability)

Dennis Sandquist, Director of Planning and Development along with Joanna Colletti, Planning and Development Water and Resource Manager, joined the committee members to discuss the resolution. Mr. Sandquist stated over the years residents had complained about the drainage issues in The Westmoor Gardens subdivision. Occasionally it has also been a concern of the Highway Commissioner, who at times had to spend some level of recourses trying to drain the roadway area. After meetings with neighborhood residents, the owner of the never improved lots and the Township Highway Commissioner, it was determined there is no simple solution. Mr. Sanquist stated this property was at the same level as the creek and is very hard to drain. Mr. Sandquist stated one idea they came up with was to do a Regional Detention Study; using internal staff resources, looking at what it would take to convert the property and improve drainage along with the costs associated. After the study they would come back to this committee with a report of their findings to see if there is interest to move forward with it.

The question of what the benefit of the study would be was asked. Mr. Sanquist stated the benefit would be that they would be removing a property that is a nuisance and make it something that is still wet but that has a design function and improves the surface drainage for the surrounding neighborhoods into this area.

It was the consensus of the committee members to move forward with the Arthur Street Regional Detention Study.

7. OLD BUSINESS

1. Ordinance Adopting a Drainage Interference Nuisance Ordinance for McHenry County

Dr. Yensen made a motion, seconded by Mr. Smith, to discuss the resolution.

Ms. McCann stated she understood yesterday the State's Attorney was reviewing the ordinance and would have something by the end of the day.

Scott Jacobson, Assistant State's Attorney; Sarah Dzurik, Assistant State's Attorney; Dennis Sandquist, Director of Planning and Development; Joanna Colletti, Planning and Development Water Resource Manager; and Dan Volkers, McHenry County Farm Bureau; joined the committee members for the discussion.

Chairman Smith brought the committee members up to where they stood on the ordinance at this point. Chairman Smith stated the ordinance was on the agenda for the August meeting where it was decided to move it out 60 days to this meeting. This would give the Farm Bureau and State's Attorney time to review it further. In addition, Ms. McCann provided the committee members a handout with revisions to the ordinance.

The committee members discussed the language of the ordinance and State's Attorney's position on how it would be enforced.

Chairman Smith requested Mr. Jacobson to relay to the State's Attorney that the committee would like a formal written legal opinion on how the ordinance will be enforced or prosecuted. Chairman Smith stated with the State's Attorney's written legal opinion the committee members would have a clear understanding of the State's Attorney's position on the matter.

Ms. McCann added she would also like to know why and how this is different from the state code that declares the offenses listed on the Public Health Act that they have adopted as public nuisances.

Chairman Smith added he would like added how it differs with what they are trying to do with the noise ordinance.

Mr. Sandquist also had a few questions for the State's Attorney's office; would it apply to manmade drains; does it apply to sheet flow; will it be retroactive.

Chairman Smith and Mr. Jacobson made an agreement for the responses to the questions be provided to the committee members by Monday, October 22, 2018, to be discussed again at the next committee meeting on October 30, 2018. Chairman Smith also asked Mr. Jacobson to provide the Farm Bureau a copy of the written legal opinions for their consideration before the committee members act on them.

Kay Bates left the meeting at 10:33 A.M.

8. REPORTS

1. ZBA and Hearing Officer Reports

1. Zoning Petitions going before County Board on October 16, 2018

Dennis Sandquist, Director of Planning and Development, joined the committee members to provide a summary of the six Zoning Board of Appeals (ZBA) matters going before the County Board on October 16, 2018.

Petition No. 2018-018 concerns a variation request from B2-B2V for property located in Nunda Township. The ZBA recommended approval for this petition.

Petition No. 2018-022 concerns a variation request from A1-A1V for property located in Coral Township. The ZBA recommended approval for this petition.

Petition No. 2018-024 concerns a variation request from A1C-A1C for property located in Grafton Township. The ZBA recommended approval for this petition.

Petition No. 2018-028 concerns a variation request from A1-A1C for property located in Hebron Township. The ZBA recommended approval for this petition.

Petition No. 2018-031 concerns a variation request from A1-A1C for property located in Greenwood Township. The ZBA recommended approval for this petition.

Petition No. 2018-035 concerns a variation request from A1-A1CV for a property located in Alden Township. The ZBA recommended approval for this petition.

RESULT: PRESENTED

McHenry County Conservation District Report

Mr. Nowak informed the committee members the McHenry County Conservation District (MCCD) had their election and the new president is David Kranz. Mr. Nowak also stated they changed the structure of their meetings, and they would now be having their committee meeting and board meeting at the same time.

Joanna Colletti, Planning and Development Water Source Manager, stated the committee members would be seeing an email that went out for the Wetland Restoration Fund. They have an additional $160,000 in the Wetland Restoration Fund and they will be going out for the second round of request for proposals for the project.

Ms. McCann stated she would like to continue her Members Comments from earlier in the meeting.

Ms. McCann informed the committee members that the County Board Chairman and CMAP (Chicago Metropolitan Agency for Planning) met to discuss water resources.

Ms. McCann said she was in Dupage last week and the municipalities and counties down there have used GIS (Geographic Information System) to map overland flow paths. Ms. McCann stated they were mapping it because they are seeing the rise with the water and the numerous problems that are growing especially in the municipal areas where the density is so high. She feels this would be a great addition to our planning map and also should be part of the plan for the Fox River.

Ms. McCann also stated going forward they may want to consider occasionally having two meetings, with the water and land use issues that are growing and stemming from the challenges of the climate change.

9. EXECUTIVE SESSION (AS NECESSARY)

None.

10. ADJOURNMENT

Dr. Yensen made a motion, seconded by Mr. Reinert to adjourn the meeting at 10:46 A.M. The motion passed on a voice vote of all members present voting aye. (Absent was Gottemoller and Bates)

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