McHenry Times

City of Crystal Lake City Council met Nov. 5.

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

Also present were City Manager Gary Mayerhofer, Deputy City Manager/Interim Finance Director Eric Helm, City Attorney John Cowlin, Assistant Director of Finance Laura Herrig, Director of Community Development Michelle Rentzsch, Director of Public Works Mike Magnuson, City Engineer Abby Wilgreen, Fire Rescue Chief Paul DeRaedt, and Chief of Police Jim 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 October 15, 2019, Regular City Council meeting. Councilman Hopkins seconded the motion. On roll call, all present voted yes. Motion passed.

Accounts Payable 

Councilwoman Ferguson moved to approve the Accounts Payable in the amount of $2,593,586.46. Councilman Hopkins seconded the motion. Mayor Shepley abstained. 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, advising they would be given an opportunity to speak when the agenda item was considered. No one wished to speak.

Mayor's Report

None.

City Council Reports

None.

Consent Agenda 

Councilwoman Brady moved to approve a Consent Agenda including Items 9a and 9b, adding Items 13, 15, 16, 17 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 speak. On roll call, all present voted yes. Motion passed.

9a. Adopted a Resolution adopting a City Complete Streets Policy.

b. Adopted a Resolution determining the 2019 tax levy in compliance with the Truth in Taxation Law.

13. Approved an Ordinance for Traffic Control for various intersections in the Woodlore Estates Subdivision.

15. Adopted a Resolution authorizing the City Manager to execute the Local Agency Agreement for financial participation with the Regional Transportation Authority (RTA) for the Transit Oriented Development Plan (TOD).

16. Awarded the bid for the purchase and delivery of clear southern rock salt to the lowest responsive, responsible bidder, Midwest Salt, and adopted a Resolution authorizing the City Manager to execute a one-year contract with the Midwest Salt for clear southern rock salt in the amount bid.

17. Awarded the bid for the purchase and delivery of liquid aluminum sulfate to the lowest responsive, responsible bidder, USALCO, and adopted a Resolution authorizing the City Manager to execute a one-year contract with USALCO for the liquid aluminum sulfate in the submitted bid amounts.

18. Awarded the bid for the Wastewater Treatment Plant #2 alum underground storage tank (UST) replacement project to the lowest responsive, responsible bidder, Keno and Sons Construction Company, and adopted a Resolution authorizing the City Manager to execute a contract with Keno Construction Company in the submitted bid amount with a 10% contingency for unforeseen circumstances.

10. Bohl Farm Marketplace Outlot Building - Final Planned Unit Development Amendment to allow exterior changes to the building facade and signage including an additional variation for increased wall signage 

Jeff Brownell, of PFDA Architects, provided the City Council with an overview of proposed changes to the outbuilding to allow for a Freddy's Frozen Custard & Steakburgers, McAlister's Deli, and a center retail tenant in the former Five Below location, including the addition of a drive-through for Freddy's, the addition of patios and increasing parking spaces.

Mayor Shepley asked if the petitioner agreed to the Plan Commission recommendations. Mr. Brownell stated they agreed with the conditions, except for moving the menu board, which was agreed to at the PZC meeting but in retrospect, they would prefer not to move it. Michelle Rentzsch, Community Development Director, indicated moving the board would allow for more stacking space at the drive-through. The petitioner stated they agreed with a wall sign instead of a monument sign and façade changes incorporating a knee wall.

Councilwoman Brady moved to approve the Planning and Zoning Commission recommendations, except not requiring movement of the menu board and adopting an Ordinance granting the Final PUD Amendment to allow the changes to the approved elevations and signage for the outlot building at 5500 Northwest Highway. Councilman Hubbard seconded the motion. On roll call, all present voted yes. Motion passed.

11. Church Street Apartments - Conceptual Planned Unit Development review to convert the former Immanuel Lutheran buildings to multi-family residential - Discussion Only 

Attorney Joe Gottemoller, representing the petitioner George Ieremciuc, provided the City Council with an overview for a concept development that would convert the former Faith Lutheran High School and Immanuel Lutheran buildings for multi-family residential development. The project would provide 36 units total, with 28 units in the main school building. At this time, the project is before the City Council for conceptual review only to determine if such a development would be considered at this location.

Mayor Shepley asked if there was anyone in the audience who wished to speak on this item. No one wished to speak.

Councilwoman Brady said she thought it was an excellent use of the building.

Councilwoman Ferguson said she had no major concerns, and asked for the square footage of the smallest apartment. Mr. leremciuc stated there would be two efficiency apartments at 600 square feet, but the remaining would range in size from 800 to 2,000 square feet. She said her only concern is regarding density.

Councilman Hopkins said he had no major concerns but had questions, He asked if the units would have washer and dryers or if there would be a common area for this. The petitioner said they would be in each unit. Councilman Hopkins asked about the target market for the apartments, landscaping, and outside space from grilling.

Councilman Hubbard stated he liked the project, stating it made a lot of sense for this location. He asked about the market for multi-family.

Councilmember Haleblian said he loved the project. He said the conversion of the church will be outstanding.

Mayor Shepley said it is a unique project and he likes it. He asked the petitioner regarding feedback from neighbors. Mr. Gottemoller said only at the Planning and

Zoning Commission meeting, and concerns were focused on density and increased traffic flow. Mayor Shepley stated that he thinks a residential facility would not generate as much traffic as a fully-operational school. He would have more concerns if it would be torn down and rebuilt. He said it is a good concept and would be looking at details later.

Mr. Gottemoller asked the Council to call or stop by to see his client's work at his Coventry location.

12. Immanuel Lutheran Church - Request to eliminate surety requirement for roadway and elimination of Final Plat of Subdivision condition for railroad relocation and intersection improvements - Discussion Only Joe Gottemoller, the attorney representing Immanuel Lutheran Church, and Pastor Tienens, provided the City Council with a history of the surety requirements for roadway and the Final Plat of Subdivision condition for railroad relocation and intersection improvements placed on Immanuel Lutheran Church in 2005. The Church has held an $893,265.45 Letter of Credit (LOC) as required by the Council for the extension of Teckler Boulevard and connecting to Congress Parkway for 13 years and there has been no movement on the railroad relocation. The Church pays thousands of dollars in processing fees for the LOC. He said LOC costs and the $15 million to relocate the railroad are prohibitive to the sale and development of remaining lots owned by the Church.

Mayor Shepley asked if the primary concern is relief from the Letter of Credit. Mr. Gottemoller indicated that would be an immediate help, but would not be the long-term goal, with development patterns that will change. Mayor Shepley asked if there were members of the public that wished to speak on this item.

Bruce Johnson, a developer who is looking to build senior housing on Lot 3, and is completing due diligence on developing at this location, indicated that he has met with both City staff and the Church. He said it was his understanding the City has tied the $15 million railroad relocation to the remaining lots owned by the Church and this deters sale and development. He would like to know what the City's stance is on this issue to help him determine if they should look at other lots without a large burden.

Councilwoman Ferguson stated she is a member of Immanuel Lutheran Church but does not serve on any boards, as such there would be no conflict of interest regarding this issue. She said she feels the railroad track will not be relocated in the foreseeable future. She feels the Church has stuck to its end of the bargain and herself, Mayor Shepley and Councilman Dawson have worked tirelessly on this issue and the landscape has changed. She is comfortable removing the Church from the Letter of Credit requirement. Councilwoman Ferguson would not require railroad relocation costs if a Special Service Area on lots 1-3 were to be established, and is not in favor of putting a sidewalk behind the Jewel.

Mayor Shepley stated he would rather see the City work with the railroad for a sidewalk/crossing at Congress Parkway.

Councilwoman Brady agreed with Councilwoman Ferguson regarding the sidewalk. She also said she does not see the railroad tracks being moved in the near future, and would require intersection improvement costs, but not relocation costs should a Special Service Area be established.

Councilman Hopkins said he agreed with fellow Councilmembers. He asked Ms. Rentzsch regarding the history of the conditions on the properties. Ms. Rentzsch stated that in 2006, the City Council placed a condition of approval on the 4-lot subdivision that stated prior to any development of the three lots along Main Street, the right-of-way would be secured and these lots would pay their proportional fair share.

Councilman Hubbard said it would benefit the entire City, not just these properties, and it is hard to keep burdening the Church with these requirements. He does not agree with the sidewalk requirements as presented.

Councilman Haleblian said he agreed with the other Councilmembers that the sidewalk does not make sense. Burdening the properties with the Letter of Credit is holding up development

Mayor Shepley indicated that he also feels the Letter of Credit should not be required, but was not ready to make bigger picture decisions without a clearer picture regarding proposed development on the lots being discussed.

14. City Code Amendment - Chapter 360: Watershed and Text Amendment for the Crystal Lake Watershed Implementation Plan - Discussion Only 

City Engineer Abby Wilgreen provided the City Council with a brief history of the City's 1975 Watershed Ordinance/Manual and the updated 2007 Watershed Manual, which focuses on new development and expansion of existing commercial development. Requirements for existing developed neighborhoods around the lake platted decades ago were not addressed in the 2007 manual. A policy was developed shortly after 2007 requiring installation of infiltration trenches with any new impervious coverage over 300 square feet.

While this existing policy for existing residential areas has generally been working, over the last few years enhancements to the City's policy have been identified. During the various stormwater public meetings held in 2017 and 2018, a recurring comment was to improve how the City addresses improvements that add a new impervious area in these existing residential areas, as the perception is that adding an impervious area in the watershed causes harm to surrounding properties. As a result, City staff looked to amend the existing policy to address concerns.

Public Works Director Mike Magnuson explained steps City staff has completed in developing these proposed enhancements, including field reviews of older trench drains, review of practices in other communities, collecting feedback from local contractors and home builders, and a peer review of the proposed enhancements. Mr. Magnuson said the

City does not want to adopt a policy that would have long-term maintenance concerns for trench drains, would be difficult to enforce, or would cause financial hardship.

He explained that the existing policy did not account for soil type (related to the length of trench drain required) to ensure water would be able to drain into the ground in 72 hours and explained how the previous policy did not include stormwater storage in the drains.

Mr. Magnuson provided an overview of the proposed enhanced policy and an example of the process a resident would go through to complete an improvement. The enhanced policy will:

• Provide an improved infiltration trench detail which incorporates an underground chamber that provides stormwater storage above the water table and surface drainage inlets to serve as cleanouts and location identifiers; 

• Account for the existing lot size (i.e., larger lots could be allowed more impervious surface coverage before triggering requirements as impacts to surrounding properties is less); 

• Utilize an easy to use "calculator" to determine the size of infiltration trench based on the size of the project and soil type (which determines how well a site drains); and 

• Require the infiltration trench be located within a recorded easement area to identify the location of the trench for future property owners and details perpetual maintenance responsibilities.

This policy would also apply to homes that are torn down and rebuilt within the watershed and would still be required as stormwater projects are constructed to ensure the quality and quantity of water reaching the lake is maintained.

Ms. Wilgreen stressed the City did not want to adversely impact property owners who want to develop their property. As such, staff reviewed permits issued from 2016-2018. She indicated that only one to 1.5 percent of permits issued each year are in the watershed and add impervious coverage. These permits were run through the new process to determine impact. Fifty to fifty-five percent of the permit requirements would not change, fifteen to twenty percent of the permits would have requirements reduced, and about thirty percent would have more requirements.

Staff also looked at costs on average for these permits. A reduction would save approximately $200-$250. Additional requirements would cost an additional $1,500 due to the installation of a new trench drain.

There are exceptions to the policy, where properties have extremely poor soil, and these property owners would need to work closely with the City to determine options available to them.

Ms. Wilgreen indicated the next steps would be amending Chapter 630 of the City Code to remove redundant information and reference appropriate development standards. Staff would address comments and concerns from the City Council, hold a public meeting in early December, and pending feedback and approvals, hope to have the ordinance adopted January 1, 2020.

Councilman Hopkins asked Ms. Wilgreen who would be notified of the public meeting. Ms. Wilgreen said an article would be included in the newsletter and information posted on appropriate social media outlets as well as the City's website. Mr. Magnuson said past public hearing notification mailing lists would be used for contractors and builders as well.

Mayor Shepley asked about the trigger for trench drain installation. Ms. Wilgreen indicated it would only be for qualifying projects after January 1, 2020. Mayor Shepley said this needs to be made clear to people so they understand immediate action is not required.

Councilman Haleblian asked about the cost to install a trench drain. Ms. Wilgreen indicated that the smallest trench drain that can be installed is 5-feet long, which on average costs $1,500. A credit would be issued for future projects if a smaller size trench drain is needed and a 5-feet long drain is installed.

City Manager Gary Mayerhofer asked Mike Magnuson to review concerns received at public meetings, which led to this issue. Mr. Magnuson said residents in all study areas asked staff to look at a better way of sizing and locating trench drains. Runoff from additions, patio and driveway expansion/installation can negatively impact neighboring properties.

Councilman Hopkins asked how staff would work with a property owner who has an existing trench drain that would like to make an improvement. Ms. Wilgreen stated this would be looked at on a case-by-case basis.

Council Inquiries and Requests 

Councilman Haleblian asked City staff what the white hearts are that have been placed on the light poles. Mr. Magnuson indicated staff does not know who is painting the hearts.

Adjourn to Executive Session for the purpose of discussing the purchase of real property 

Councilman Hubbard moved to adjourn to Executive Session at 8:49 p.m. Councilman Haleblian seconded the motion. On roll call, all present voted yes. Motion passed.

Reconvene in Regular Session 

Councilman Hopkins moved to reconvene in Regular Session at 9:02 p.m. Councilwoman Brady seconded the motion. On roll call, all present voted yes. Motion passed.

Adjourn

There being no further business, Councilman Hubbard moved to adjourn the meeting at 9:03 p.m. Councilwoman Brady seconded the motion. On voice vote, all present voted yes. Motion passed.

https://ecode360.com/documents/CR2206/public/516898144.pdf