McHenry Times

City of Crystal Lake City Council met Oct. 1.

Here is the minutes provided by the council:

Call to Order 

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

Roll Call 

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

Councilwoman Brady moved to approve Councilwoman Ferguson's attendance at the meeting via telephone. Councilman Haleblian seconded the motion. On roll call, all voted yes. Motion passed

Also present were City Manager Gary Mayerhofer, City Attorney John Cowlin, Director of Finance George Koczwara, Director of Community Development Michelle Rentzsch, Director of Public Works Mike Magnuson, City Engineer Abby Wilgreen, Fire Rescue Chief Paul De Raedt, Chief of Police Jim Black, and special counsel Vic Filippini.

Pledge of Allegiance 

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

Approval of Minutes 

Councilman Hopkins moved to approve the minutes of the September 17, 2019 Regular City Council meeting. Councilman Haleblian seconded the motion. On roll call, all voted yes. Motion passed.

Accounts Payable 

Councilman Hopkins moved to approve the Accounts Payable in the amount of $2,520,504.12. Councilman Hubbard 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, advising they would be given an opportunity to speak when the agenda item was considered.

Diana Kenney, from Downtown Crystal Lake Main Street, stated Johnny Appleseed Festival in Downtown Crystal Lake on Saturday, September 28, 2019 was a success despite the rainy weather and thanked the businesses, sponsors and volunteers that helped to make the event run smoothly. She also thanked Public Works staff, specifically those working for Larry Zurek for their help with the event every year.

Mayor Shepley stated he is excited about the new Christmas Tree Lane event Downtown Crystal Lake will be starting this year.

Mayor's Report Mayor Shepley congratulated Finance Director George Koczwara, noting that he will be leaving the City of Crystal Lake to become Village Manager for the Village of Orland Park.

City Council Reports 

None.

Consent Agenda 

Councilwoman Brady moved to approve a Consent Agenda consisting of Items 9a, 9b, 9c, 9d, 9e, and 9f with the addition Items 10, 11, 12, 13, 14, 17 and 20. Councilman Dawson 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. On roll call, all voted yes. Motion passed.

9. a. Approved a Special Event Request, Parking Restrictions and Waiver of Special Event and Police Department Fees for the Festival of Lights Parade, Downtown Crystal Lake/Main Street - Friday, November 29, 2019.

b. Adopted a Resolution approving the appointment of Eric T. Helm as City Treasurer effective October 5, 2019.

c. Adopted a Resolution approving the appointment of Assistant Finance Director Laura Herrig to the Board of Trustees of the Police Pension Fund.

d. Adopted a Resolution approving the appointment of Assistant Finance Director Laura Herrig to the Board of Trustees of the Firefighters' Pension Fund.

e. Adopted a Resolution authorizing the annual list of approved financial institutions.

f. Continued the Annexation Public Hearings for the Chicago Title Land Trusts 1004004149 & 1004004152 and Reinhardt/Kirk requests to the January 7, 2020 City Council meeting

10. Approved the Special Event Request for the Christmas Tree Lane Event, Downtown Crystal Lake/Main Street - November 20, 2019 through December 31, 2019.

11. Approved two Class 16 Temporary Liquor License Requests (2) - Fire Wagon Hockey Inc., Hocktoberfest - October 19-20, 2019 and October 26-27, 2019.

12. Adopted an Ordinance increasing the number of Class 4 liquor licenses from the currently permitted three licenses to four licenses, in order to allow for the issuance of a new Class 4 liquor license to Soto Services Inc., DBA Chilo's Restaurant, located at 282 W. Virginia Street.

13. Adopted a Resolution making it unlawful to turn left out from 161 North Route 31 onto Route 31 during the times of 7:00-9:00 a.m. and 4:00 am - 6:00 p.m.

14. Approve the Planning and Zoning Commission recommendation and adopt an Ordinance to allow the extension of the Three Oaks PUD overlay to the Crystal Court Shopping Center property.

17. Awarded the contract for tree pruning services to the lowest responsive and responsible bidder, Winkler's Tree and Landscaping, and to adopt a Resolution authorizing the City Manager to execute a contract with Winkler's Tree and Landscaping in the amount bid.

20. Motion to adopt a Resolution authorizing the City Manager to execute the Master Pole Attachment Agreement with Chicago SMSA Limited Partnership dbla Verizon Wireless.

Mayor Shepley explained the City of Crystal Lake Liquor License Enforcement program to the representatives of Soto Services Inc., DBA Chilo's Restaurant. He also explained the Police Department's IMPACT program.

Diana Kenney of Downtown Crystal Lake/Main Street mentioned the Festival of Lights Parade on the Friday after Thanksgiving. She talked about the new Christmas Tree Lane in Depot Park this year, which will allow organizations to work with Downtown Crystal Lake to decorate Christmas trees donated by Countryside.

15. UDO Text Amendment – Recreational Cannabis and Establishment of 3% Retail Tax on Cannabis 

Director of Community Development Michelle Rentzsch provided a summary of the Planning and Zoning Commission (PZC) recommendations from the September 4, 2019 public hearing, which explored permitting Cannabis Dispensaries as a Special Use Permit with certain criteria in the B-2 and M zoning districts with buffers from sensitive uses. Ms. Rentzsch explained the PZC voted 6-0 to recommend the prohibition of cultivation centers, craft growers, infusers, processors and transporters to be revisited in one year and to allow Cannabis Dispensaries as a Special Use with criteria in the B-2 Commercial and M Manufacturing zoning districts with buffers.

Mayor Shepley asked Ms. Rentzsch what the PZC's rationale was for the prohibition of certain items and revisiting. Ms. Rentzsch indicated the PZC wanted to wait and see w other communities would decide regarding those uses in a year, and take action on dispensaries, which are a more pressing issue. She also indicated the PZC had a split vote, 3-3 to prohibit cannabis establishments altogether, which did not pass.

Ms. Rentzsch explained four discussion points:

1) Opt out entirely of allowing any dispensaries or cannabis businesses by adopting the attached ordinance. OR

2) Opt out for a year to allow more time to review the impact of cannabis businesses on other communities that have allowed them and revisit the matter at the end of one year. OR

3) Approve the PZC recommendation and adopt the enclosed ordinances for the UDO amendments and municipal cannabis retailers' occupation tax. OR

4) Consider variations to the PZC recommendation by deciding the appropriate cannabis business uses, zoning districts, criteria, and buffers that are acceptable.

She also explained an additional criterion of only being allowed in freestanding buildings, as found in the Illinois Municipal League example ordinance. Mayor Shepley and Councilwoman Brady discussed this limitation.

Ms. Rentzsch provided an overview of B-2 and M zoned properties that would be eligible if the ordinance were adopted. The buffer for businesses with liquor is 100-feet. She provided different buffer scenarios, including a 500-foot buffer and 100-foot buffer.

Mayor Shepley asked if there were members of the public who would like to comment on this issue.

Former State Representative Mike Tryon, resident of 569 Greenbrier, spoke on the issue. He now represents a cannabis cultivator, not distributor. He was representing the City of Crystal Lake at the State level when the Compassionate Care Act was enacted. Mr. Tryon explained how operations in a dispensary are closely regulated and monitored, and provided an overview on Colorado's system compared to Illinois.

Councilwoman Brady asked Mr. Tryon how the banking system works regarding cannabis. He said he thinks there will be changes to regulations on the federal level in upcoming years.

Mayor Shepley asked his opinion on the proposed ordinance. Mr. Tryon stated it is fairly restrictive. He said these are retail businesses and work well in a strip mall, which has more traffic flow. He indicated the stand-alone building requirement would make it difficult to locate in Crystal Lake. Companies would also want to locate in a retail area.

Mr. John Pletz, a Crystal Lake resident indicated he is concerned. He indicated crime follows drugs and asked the Council to limit locations to minimize impact.

Mr. Tom Zanck, 40 Brink Street, represents a client who owns a dispensary who is interested in locating in the area. He stated that businesses would be looking at retail areas. He was opposed to the proposed 1,000-foot buffer. The State law does not prohibit this. He is in favor of the middle ground, 500-foot buffer. He also had a concern regarding the 250-foot residential buffer, and asked this be reduced to 100 feet, similar to alcohol. Mr. Zanck also asked that the single-use site restriction be eliminated.

Bruce Billins, discussed the differences between businesses selling alcohol vs. dispensaries.

Councilwoman Ferguson stated her first inclination is to opt out. She stated she has concerns regarding the M zoning near Erick Street and Prairie Street. Ms. Ferguson said she would also like to look at all uses at one time and not revisit items. Her preference is to opt-out now, and revisit in a year and not piecemeal.

Councilwoman Brady said she is not in favor of M zoning; it belongs in retail. She said the 1,000-foot buffer is also too restrictive.

Councilman Dawson stated at he has tried to sample the public about this issue. He said he agrees it belongs in retail zoning and is not in favor of reducing the residential buffer, but the 1,000-foot buffer is too restrictive.

Councilman Hopkins would like to hold off for a year, as this is a very complex issue and would like to see what other area communities are doing. He said staff and the PZ had done a good job in researching and breaking things down.

Councilman Hubbard stated that the Council is either for it or against it and was being asked to make a decision. He stated the PZC recommendations are too restrictive. The Council needs to decide if they want to opt-out or not.

Councilman Haleblian agreed with Councilman Hubbard, and said in his experience with dispensaries, they are clean and very well run. He feels the PZC recommended buffer is too restrictive and would like to see a buffer of 500 feet or less.

Mayor Shepley said he disagrees with the State passing the law in the first place, approving gambling and marijuana laws to make money. He said the law exists and now the Council has to decide what is best for the community. By not opting out, the City has the opportunity to gain a revenue source. He said if the City were to opt out, and a neighboring community were to opt in, Crystal Lake would miss this revenue source while potentially dealing with negative impacts.

Mayor Shepley agreed that the PZC recommendations are too restrictive, stating that he would support B-2 zoning and a 500-foot buffer. He said he would eliminate the freestanding building requirement.

Councilman Dawson asked how many uses the Council would approve tonight.

Councilwoman Brady confirmed that the dispensaries would be allowed in B-2 zoning with a special use permit with the reduced buffer discussed tonight.

Councilwoman Ferguson confirmed the Council would only be considering dispensaries and tax. She asked if McHenry County College were to apply, would our ordinance prohibit this. City special counsel Vic Filippini stated the State would regulate the College, City Ordinance could not.

Councilwoman Brady discussed the language about the freestanding/single use requirement, if removed; the sale of food would still be prohibited on premises.

Councilwoman Brady moved to approve the Planning and Zoning Commission recommendation and adopt an Ordinance amending Articles 2, 4, 10 of the Unified Development Ordinance (UDO) to allow dispensaries in the B-2 zoning district as a Special Use Permit with a buffer of 500 feet for everything except residential, which would remain 250 feet, striking condition 2B except for the “Sale of food for on-premise consumption shall not be allowed as an accessory use or activity to a Cannabis Dispensary." Councilman Dawson seconded the motion. On roll call, Mayor Shepley, Councilmembers Brady, Hubbard, Dawson, Hopkins and Haleblian voted yes. Councilwoman Ferguson voted no. Motion passed.

Councilwoman Brady moved to adopt an Ordinance imposing a Municipal Cannabis Retailers Occupation Tax. Mayor Shepley clarified it was a 3 percent tax. Councilman Hubbard seconded the motion. On roll call, all voted yes. Motion passed.

16. Appropriation of Motor Fuel Tax (MFT) funds for Crystal Lake Avenue and Main Street Improvement 

Councilwoman Brady moved to adopt a Resolution appropriating $508,317 in Motor Fuel Tax (MFT) funds for the Crystal Lake Avenue at Main Street Improvement. Councilman Hubbard seconded the motion.

Councilman Dawson asked about underestimated costs for the project. City Engineer Abigail Wilgreen stated a consultant used IDOT pricing from bids opened over the past ten years.

On roll call, Mayor Shepley, Councilmembers Brady, Hubbard, Ferguson, Hopkins and Haleblian voted yes. Councilman Dawson voted no. Motion passed.

18. Stormwater Solutions: Bid Award for Various Projects ( Gardina Vista, Green Oaks, Cove Pond, Woodland Channel) 

Councilwoman Brady moved to award the bid for Various Stormwater Projects to the lowest responsive and responsible bidder, Mauro Sewer Construction Inc., in the bid amount of $639,910, and adopt a Resolution authorizing the City Manager to execute a contract with Mauro Sewer Construction Inc., allowing for a 10 percent contingency. Councilman Hubbard seconded the motion. On roll call, all voted yes. Motion passed.

19. Purchase of Commercial Chassis Rescue Pumpers 

Fire Rescue Chief Paul DeRaedt provided an overview of information regarding the differing analysis used in replacement of vehicles and equipment, including life cycle cost analysis. Chief DeRaedt explained how a pumper is constructed, using a commercial or custom chassis and the main differences between the two types. He indicated that all pumpers, regardless of chassis type, are built to City specifications.

Crystal Lake is looking to purchase two commercial chassis rescue pumpers. Many cities use commercial chassis, including Sioux Falls, South Dakota, Bloomington and Minneapolis, Minnesota, and Toledo, Ohio. They are also used in rural areas locally. Several local departments use commercial chassis in their ambulances as well, including the same Freightliner chassis being presented to the Council this evening.

In order to be sold to the City, a chassis (commercial or custom) must meet National Fire Protection Association (NFPA) Standards, specifically NFPA-1901 Standard for Automotive Fire Apparatus including: roll over stability (SAE-J2180), cab roof strength (SAE-J2422), and front strength evaluation (SEA-J2420). A chassis also must meet Federal Motor Vehicle Safety Standards, an example being air brake systems (Standard 121).

Chief DeRaedt provided a comparison of commercial chassis vs. custom chassis for turning radius, braking (disk/drum brakes), use of air bags/seatbelts, cab step heights, repair costs and downtime. Chief DeRaedt also provided an operations overview for working with commercial chassis that included risk management practices the Fire Rescue Department currently follows.

Mayor Shepley opened the floor for public comment.

Mr. Joseph Forsberg, resident of 304 Grove Street in Crystal Lake and a 14-year firefighter paramedic with the City, asked the City Council to table this item. He asked the Mayor and City Council to meet with the Fire Rescue Department Apparatus Coordinator to discuss differences between a commercial chassis and a custom chassis. He stated that the 57-front line personnel who take engines out on a daily basis are not asking for the top-of-the-line engine, but something that is safe, effective and will get the job done. He indicated that every member of the Department, from the command staff down disagrees with the purchase.

Mr. Forsberg said the proposed purchase is not as safe as a custom chassis, being more prone to rollovers - crushing occupants of the cab, and do not have airbags, which staff is accustomed to. He stated that the drum braking system is also not as safe in a commercial engine. He indicated purchase of the commercial chassis will also impact resident safety, as the pump that they will be equipped with is not guaranteed to pump 1,500 gallons of water per minute. Current engines are rated to pump a minimum of 1,500 gallons.

Mr. Adam Bucheger, resident of 879 Dartmoor Drive in Crystal Lake and an 11-year firefighter paramedic with the City, stated he has concerns regarding the purchase of commercial chassis, and that not all information presented is correct and some has been left out. He is concerned in three areas, the first being the drum braking system in the commercial chassis and read from an email from district manager of the company who makes the brake systems in the proposed chassis recommending disk brakes should be installed due to how the equipment is used and hard life on the brakes. Mr. Bucheger indicated if disk brakes are installed on the commercial chassis, it would be more expensive and increase delivery time. He provided the Mayor and City Council with reasons from the district manager as to why disk brakes are the preferred option.

Mr. Bucheger also had concerns regarding the rollover protection offered by the commercial chassis. He indicated that they meet minimum NFPA-1901 requirements, but said that NFPA-1901 4:14.1 also states that custom chassis are stronger in roll over than commercial cabs. He is also concerned with the lack of air bags in the commercial chassis, which the Department currently has in its newest engine along with disk brakes. He felt the commercial chassis would be a step backward in safety, and that an “apples to apples" comparison for items in the current proposal was not done, indicating differences in horsepower for the Department's current custom engine and the commercial chassis and other differences.

Mr. Bucheger also pointed out the price differences in the bids received. Mayor Shepley clarified the process for how bids must be awarded by law. Mayor Shepley asked Mr. Bucheger what he would like the Council to consider. Mr. Bucheger stated he would like the Council to review bids for custom chassis that the Apparatus Coordinator has, which include pricing lower than the cost of the commercial chassis. He asked the Council to vote no or table the item to meet with the Apparatus Coordinator, and make a more accurate comparison between commercial and custom chassis.

In addition, Mr. Bucheger indicated changes had been made to the agenda supplement from the previous meeting, indicating the chassis is less safe. He feels they are a substandard equipment.

Mr. John Ryan, resident of 1209 Boxwood Drive in Crystal Lake and a firefighter paramedic for the City, asked the City Council to not approve the commercial chassis purchases. He stated he is concerned with the same issues previously discussed. He questioned why the City was only looking at purchasing two commercial chassis with different options than custom chassis and then comparing them with custom engine pricing. He asked if this is appropriate.

Mr. Ryan stated that he is concerned for safety, stating changes have been made in the past to address safety in different situations, and indicated approving the purchase would not be in the interest of safety for staff. He asked the Council to not approve or table the item to get more information.

Elizabeth Forsberg, resident of 304 Grove Street, read a statement in opposition of the purchase of the commercial chassis, as they meet the lowest safety requirements. She stated as a resident, tax payer, a firefighter family, it is expected that the Council to make informed decisions and provide the safe and effective emergency services.

Kelly Bucheger, resident of 879 Dartmoor Drive in Crystal Lake, stated that her husband is a firefighter paramedic for the City. She said the commercial chassis being considered for purchase are sub-par vehicles, meeting minimum safety standards, standards, putting staff at risk to get to and from fires safely. Ms. Bucheger indicated this is a safety concern. She implored the City Council to reject the bids.

Bruce Billins, a 14-year resident of Crystal Lake, asked the Council to table to item to look into things further and getting additional information before voting.

Jason Curtain, a resident of - Oriole Trail and member of a different fire department. Mr. Curtain spoke in opposition of the purchase, indicating the chassis will impact the safety of the firefighters and residents and some information is inaccurate. He said the pumper is very bare bones, asked the Council to table the item, and encouraged them to view the units.

Amy McCarthy, a 10-year resident of Crystal Lake, spoke in opposition to the purchase and stated that the Council needs to consider safety as a priority in the decision making process.

Chrissy Betz, spoke in opposition to the purchase, citing fire truck accident statistics.

Mayor Shepley closed the public comment.

Mayor Shepley asked if the Council was open to tabling this item to gather more information. He asked that going forward, evaluation be based on fact not on emotion or opinion. He said this is not meant to foreshadow the decision on the item.

Councilwoman Brady moved to table the Purchase of the Commercial Chassis Rescue Pumpers. Councilman Dawson seconded the motion. On roll call, all voted yes. Motion passed.

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 Brady moved to adjourn to Executive Session at 10:18 p.m. Councilman Hopkins seconded the motion. On voice vote, all voted yes. Motion passed.

Reconvene to Regular Session 

Councilwoman Brady moved to reconvene from Executive Session at 10:51 p.m. Councilman Hopkins seconded the motion. On voice vote, all present voted yes. Motion passed.

Adjourn 

There being no further business, Councilwoman Brady moved to adjourn the meeting at 10:52 p.m. Councilman Haleblian seconded the motion. On voice vote, all present voted yes. Motion passed.

https://ecode360.com/documents/CR2206/public/514926348.pdf