McHenry Times

City of Crystal Lake City Council met April 2.

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 Aaron 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 present,

Also present were City Manager Gary Mayerhofer, City Attorney 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 and Deputy Chief of Police Tom Kotlowski.

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 19, 2019 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 $1,480,193.84. Councilman Haleblian seconded the motion. On roll call, all present voted yes except in order to avoid any possible conflict of interest, Mayor Shepley abstained on payments to Centegra Occupational Health or Northwestern Occupational Health or any related entities. 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, advising that they would be given an opportunity to speak when the agenda item is considered.

Sonda DelPalazzo, who resides at 585 St. Andrews Court in Crystal Lake, thanked the Crystal Lake Police Department, specifically Chief Jim Black, Commander Neumann and Officer Ford for their efforts in working with their neighbors and homeowners association to address issues with a neighbor and provide care for a dog.

Mayor's Report 

None.

City Council Reports 

None.

Consent Agenda 

Councilwoman Brady moved to approve a Consent Agenda consisting of Item 9a, 96, 9c, 9d, 9e with the addition of Items 10, 12 and 13, 14, 15, 16 and 18. Councilwoman Ferguson seconded the motion. Mayor Shepley asked if anyone in the audience wished to comment on any of the listed items, noting that without any objection, they would most likely be approved. No one wished to comment. On roll call, all voted yes. Motion passed.

9. a. Approved a Special Event Request and Application Fee Waiver for St. Thomas the Apostle School Field Day, 272 King Street. 

b. Approved a Special Event Request, Application Fee Waiver, Waiver of Police chargeback fees, Closure of Country Club Road between Lake Avenue and Golf Course Road, Waiver of Speed Limit and Traffic Laws for bicyclists for the Run and Roll for the Dole Duathlon. 

c. Approved a Special Event Request, Application Fee Waiver, Boat Sticker Requirements, Closure of Lake Shore Drive between Main Beach Boat Ramp and Dole Avenue Crystal Lake Rowing Club - Greater Chicago Juniors Rowing Championship May 5, 2019. 

d. Approved a Special Event Request Night Owl Bike Ride -August 3, 2019 through August 4, 2019. 

e. 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 2019/2020 for the April 16, 2019 Regular City Council Meeting.

10. Approved Special Event Request, Two Class 19 Temporary Liquor Licenses, Application Fee Waiver and Waiver of Police Chargeback Fees Lakeside Legacy Foundation 2019 Lakeside Festival.

11. Adopted a City Code Amendment to Increase Number of Class 9 Liquor Licenses from 5 to 6 - Reclaimed LLC/DBA Grounds Coffee Bar - 82 Railroad Street.

12. Adopted an Ordinance Allowing Outdoor Seating - Smoothology, 67 E. Woodstock Street.

13. Adopted an Ordinance Allowing a Special Use Permit for a Massage Establishment and Tattoo Parlor for Permanent Makeup - Lashout & Permanent Makeup – 580 E. Terra Cotta Avenue, Unit B.

14. Adopted an Ordinance for a comprehensive Plan Land Use Amendment, Rezoning, Variations and Special Use Permit to allow a dog training facility use - Northwest Obedience Club, 110 W. Woodstock Street.

15. Adopted an Ordinance Establishing Traffic Restriction Modifications at Hannah Beardsley Middle School, Indian Prairie Elementary School, and Canterbury Elementary School.

16. Adopted a City Code Amendment - Chapter 463, Tattoo and Body Piercing.

18. Adopted a Resolution Approving The Quarry Cable Park Use 2019 Fees and Cottage on the Beach Concession Menu.

Siobhan Cottone Executive Director of the Lakeside Legacy Foundation thanked the Mayor and City Council for their support of the Lakeside Festival.

Lisa Haderlein of the Land Conservancy of McHenry County thanked the Mayor and City Council for their support of the Night Owl Bike Ride.

17. Resolution Authorizing Purchase of Server Virtualization Hardware, Software and Services from Dell Inc. – Midwest Higher Education Compact Cooperative Purchasing Program. Councilwoman Brady moved to adopt a resolution authorizing the City Manager to execute an agreement with Dell Inc. in the amount of $39,990.00 for the purchase of a backup data center virtual server hardware, software and services through the Midwest Higher Education Compact Cooperative Purchasing Program. Councilman Hopkins seconded the motion. On roll call, all voted yes. Motion passed.

19. Annexation of Northside Center/Hawthorne Storage - Discussion Only. Community Development Director Michelle Rentzsch presented the Council with background information regarding Northside Center and Hawthorne Storage properties located at the Northwest corner of Walkup Avenue and Route 176. The City has records from the early 1920s showing these properties within the City limits of Crystal Lake. McHenry County will not recognize the properties as in the corporate limits of Crystal Lake. City staff and the City Attorney have worked with McHenry County representatives for several years to rectify the situation, including adopting a resolution about the annexation of the properties, which the State's Attorney's Office later said was not adequate. Case law has also been found establishing the resolution should be sufficient. However, the County will only accept annexation of the properties to establish that they are within the City's corporate limits. City Staff has developed a process to approach the property owners to voluntarily annex into the City.

Mayor Shepley inquired as to why the County can make this determination. City's Special Counsel Victor Filippini stated that is really an issue of the tax rolls, with the Treasurer, Assessor, and Clerk ultimately assess and collect the taxes, this comes into play. He stated that it is clear from the information he has seen, including zoning, building and liquor items, that these properties are in the City.

Mayor Shepley asked why the County believes these properties are not in the City. Mr. Filippini stated that the County does not have a recorded document showing that the properties were annexed to the City. The earliest records found by City staff regarding this area is the documentation for the consolidation of Crystal Lake and the Village of Nunda. He stated that the maps may have not been the best quality or a defective legal description, but it is clear that is included.

Mr. Filippini indicated that the routes the City could pursue include continuing to press on the current path, which seems ineffective given the State's Attorney's position, seek a declaration from the courts that this has been annexed either officially or de novo or we could go ahead and annex the properties. The latter would be the easiest way of doing so, and he would defer to Ms. Rentzsch to outline the process, noting there could be a few issues in the process.

Councilman Dawson asked Mr. Filippini what would happen with the zoning of the properties as part of the process. Mr. Filippini stated that if it were to be annexed voluntarily, we would petition to change the zoning to the appropriate designation as reflected in the settlement agreement from 1981. If the properties are involuntarily annexed it would default to estate zoning but the owner could petition to a zoning classification consistent with its historical use or be rezoned through a development agreement. He indicated it is definitely cleaner to annex voluntarily and have all issues resolved at the start.

Councilwoman Brady asked if the shopping center on the property was built in the City and has City utilities. Ms. Rentzsch stated the property has been serviced by the City for over 100 years, including liquor licensing, Police service, signage, etc.

Councilman Hopkins stated that the City reviewed the storage facility before it was built. Ms. Rentzsch stated yes. Councilmember Hopkins asked if the City is anticipating any pushback from the property owners regarding the annexation. Ms. Rentzsch indicated that the property owners are currently unaware of the situation, so it would be surprising for them but the City would explain the situation to them,

Councilman Hopkins asked if it would be to their benefit to voluntarily annex to the City. Ms. Rentzsch stated yes.

Councilwoman Brady asked if the two buildings in the shopping center were owned by the same person. Ms. Rentzsch stated yes they were.

Councilman Hopkins asked about property taxes for the locations. Mr. Fillipinni indicated they have not been assessed City property taxes, but sales taxes are collected for the City, as those are collected by the Department of Revenue.

Mayor Shepley indicated that he is interested what the financial impact would be on the City's EAV if the property taxes have not been collected to this point. He said he is not ready to make a decision and would like to table the item for additional evaluation, with the best outcome to have the properties in the City.

Councilwoman Ferguson asked staff what a time limit would be regarding the annexation. Ms. Rentzsch stated in the past the City has given a time frame for property owners to respond regarding involuntary annexation and if they do not respond the City has involuntarily annexed properties.

Councilwoman Brady asked about the possible legislation that could impact the annexation. Ms. Rentzsch stated a pending House Bill would make involuntary annexations more difficult as you would need to prove a benefit for annexation. Here, the properties are already benefitting.

Mayor Shepley stated that this item would be tabled for additional discussion, and placed on an upcoming agenda.

Council Inquiries and Requests. 

None.

Adjourn to Executive Session for the purpose of discussing matters of pending and probable litigation, the sale, purchase or lease of real property, collective bargaining and personnel. 

Councilwoman Ferguson moved to adjourn to Executive Session at 7:56 p.m. Councilman Hopkins seconded the motion. On roll call, all voted yes, Motion passed.

Reconyene in Regular Session 

Councilman Dawson moved to reconvene to Regular Session. Councilman Hubbard seconded the motion. On roll call, all voted yes. The Council reconvened at 8:35 p.m.

Adjourn

There being no further business, Councilman Dawson moved to adjourn the meeting at 8:36 p.m. Councilman Hopkins seconded the motion. On voice vote, all voted yes. Motion passed.

https://ecode360.com/documents/CR2206/public/486867529.pdf