McHenry Times

City of Crystal Lake City Council met April 5.

Here are the minutes provided by the council:

Call to Order

Mayor Haleblian called the meeting to order at 7:00 p.m.

Roll Call

Mayor Haig Haleblian, Councilmembers Ellen Brady, Brett Hopkins, Cameron Hubbard, Mandy Montford, and Ian Philpot were present. Councilmember Cathy Ferguson was present telephonically. City Clerk Nick Kachiroubas was absent.

Also present were City Manager Gary Mayerhofer, Deputy City Clerk Eric Helm, Director of Public Works and Engineering Mike Magnuson, Director of Community Development Kathryn Cowlin, Finance Director Jodie Hartman, Fire Rescue Chief Paul DeRaedt, and Chief of Police James Black. City Attorney John Cowlin was also present. Special Legal Counsel Victor Filippini was also present telephonically.

Approval of Councilmember Ferguson Telephonic Attendance

Councilman Philpot moved to approve Councilmember Ferguson's telephonic attendance of the City Council Meeting. Councilwoman Brady seconded the motion. On roll call, all present voted yes. Motion passed.

Pledge of Allegiance

Sergeant Salvadore Carbajal and Sergeant Smith led Mayor Haleblian, the City Council, and the audience in the Pledge of Allegiance.

Mayor Haleblian asked Sergeants Carbajal and Smith what are their roles. Sgt. Carbajal said he is in charge of recruiting in McHenry County and Sgt. Smith works directly with schools in Crystal Lake.

Mayor Haleblian thanked them for their time and service.

Approval of Minutes

Councilwoman Ferguson moved to approve the minutes of the March 15, 2022 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 $2,144,531.25. Councilwoman Montford seconded the motion. On roll call, all present voted yes. Motion passed.

Public Presentation

Mayor Haleblian asked if there was anyone in the public who wished to make a public presentation regarding an item not on the agenda. No one wished to speak.

Mayor Haleblian closed the Public Presentation portion of the meeting.

Mayor's Report

None.

City Council Reports

None.

Consent Agenda

Councilwoman Brady moved to approve a Consent Agenda, including Items 9a, 9b, 9c and 9d, and adding Items 10, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 25, and 26. Councilman Hopkins seconded the motion.

Mayor Haleblian asked if anyone wished to speak on the Consent Agenda. No one wished to speak. On roll call, all present voted yes. Motion passed.

9a. Moved to refer the petitioner's request to the April 20, 2022 Planning and Zoning Commission (PZC) meeting for zoning consideration and to the May 3, 2022, City Council meeting/or the Annexation Public Hearing/or 7205 Huntley Road.

9b. Adopted an Ordinance amending Ordinance No. 5779 and City Code Chapter 44- Ethics.

9c. No action regarding the 4717 Valerie Drive County Zoning Request.

9d. Adopted a Resolution approving the proposed Lake Safety Program Budget for Fiscal Year 202212023.

10. Approved live outdoor music on all Friday and Saturday nights from April 29 through October 1 in 2022, pursuant to the conditions recommended in this agenda supplement, and

Approved the Special Event application from the Quarry Cable Park for use of the Three Oaks Recreation Area for the Mother's Day Market on April 29 and 30; a Cinco de Mayo Event on Thursday, May 5 from 5:00 p.m. to 8:00 p.m.; the Oktoberfest event on Friday and Saturday, September 16 and 17; a Halloween event on Saturday, October 29; and the Merry Market event on Friday and Saturday, November 4 and 5.

11. Approved a waiver of parking fees for scavenger hunt attendees and volunteers for the April 23, 2022 CASA of McHenry County Road Rally Scavenger Hunt event at the Three Oaks Recreation Area and The Quarry Cable Park.

Approved a waiver of the Pavilion A Rental fee for April 23, 2022.

12. Approved the Planning and Zoning Commission (PZC) recommendation and adopted an Ordinance granting a Final Plat of Subdivision, deferral of the burial of overhead utility lines and Variation at 125-135 Erick Street.

13. Approved the Planning and Zoning Commission (PZC) recommendations and adopted an Ordinance granting the Special Use Permit to allow the additional community events at 401 Country Club Road.

14. Adopted an Ordinance amending City Code section 329-5(U) (Class 21) to allow the retail sale of alcoholic liquor for consumption on the premises in an open and unroofed area of the property.

15. Approved the following requests for the 2022 Lakeside Festival to be held June 30 through July 3, 2022:

a. The application for a special event pursuant to staff recommended conditions.

b. A waiver of the Police chargebackfees ($18,905. 72) for the Police Officers assigned to the festival.

18. Amended City Code Section 329-3, Section 329-5 (G) and Section 329-5 (X).

Moved to decrease the number of Class 25 licenses from 9 to 6, and increase the number of Class 24 licenses from 1 to 4, to allow for outdoor service of alcohol for the following locations: Sustainable Hospitality LLC d/b/a Cafe Olympic, located at 90 N. Williams Street, 52 Brink Street LLC d/b/a Cantina 52, located at 52 N. Brink Street, and Leech Bezik-LCC d/b/a/ Jude's, located at 19 N. Williams Street.

Moved to decrease the number of Class 4 licenses from 4 to 3, and increase the number of Class 10 licenses from 1 to 2, to allow for outdoor service of alcohol for the following locations: Antigua Mexican Grill, located at 1500 Carlemont Drive, Unit J.

Moved to decrease the number of Class 3 licenses from 7 to 6, and decrease the number of Class 1 licenses from 7 to 6, and increase the number of Class 7 licenses from 4 to 6, to allow for outdoor service of alcohol for the following locations: Aroma Coffee & Wine House Inc., located at 77 E. Woodstock Street, and Cardinal Hospitality Group LLC dlb/a Vine and Plate Wine Bar & Provisions, located at 414 W. Virginia Street.

19. Awarded the Communications Intercom and Paging System bid to the lowest responsive and responsible bidder, Renaissance Communication Systems in the bid amount of $134,300.00 and adopted a Resolution authorizing the City Manager to execute a contract with Renaissance Communication Systems, allowing for a 10 percent contingency.

20. Adopted a Resolution approving and authorizing the City Manager to execute an amended agreement with Axon Enterprises, Inc. for the purchase of seventy (70) "Pro" user licenses, which will replace the "Basic" user licenses previously purchased.

21. Adopted a Resolution designating the items identified in Exhibit "A " as surplus equipment, and authorizing the City Manager to execute an agreement with Second Amendment Sports for the sale of City surplus items.

22. Awarded the bid for street sweeping to the lowest responsive and responsible bidder, Lakeshore Recycling Systems, and adopted a Resolution authorizing the City Manager to execute a one-year contract with the option for two (2) additional one-year extensions with Lakeshore Recycling Systems for street sweeping services in the amounts bid.

23. Awarded the 2022 Sidewalk Cutting Program Bid to the lowest responsive and responsible bidder, Hard Rock Concrete Cutters, and adopted a Resolution authorizing the City Manager to execute a contract with Hard Rock Concrete Cutters for a not-to exceed amount o/$50,000 and to authorize the City Manager to review and approve necessary completion date change orders relating to the contract.

24. Awarded the bid for the City's Landscape, Mowing, and Maintenance Program to the lowest responsive and responsible bidder, Mark 1 Landscape, Inc. and adopted a Resolution authorizing the City Manager to execute a one- year contract with four (4) optional one-year extensions.

25. Awarded the bid for the City's right-of-way mowing program to the lowest responsive & responsible bidder, Mark 1 Landscape, Inc. and adopted a Resolution authorizing the City Manager to execute a one-year contract with four ( 4) optional one-year extensions.

26. Appointed Mary Fisher to the Library Board for a term expiring on June 30, 2022.

16. Ordinance to allow permanent outdoor seating at various locations on the public sidewalk

Community Development Director Kathryn Cowlin provided the Mayor and City Council with an overview of the item. She said the Unified Development Ordinance (UDO) has always allowed outdoor seating, but the option was not taken advantage of on a large scale until the COVID-19 pandemic, when temporary locations were allowed.

Ms. Cowlin indicated that post-pandemic, City staff is looking to make the outdoor dining options on the public sidewalk a permanent option. Staff has contacted local businesses, and worked with them about obtaining limited uses to make outdoor dining permanent. Several of these businesses, Grounds Coffee Bar, Carlos Pancake House, Cafe Olympic, Jude's, Aroma Cafe, Cantina 52, and Vine & Plate, have outdoor seating areas utilizing the public sidewalk, which requires City Council approval.

Mayor Haleblian asked if there is anyone in the public that wanted to speak regarding this item.

Robert Guss, owner of Ms. Bossy Boots in downtown Crystal Lake, said that he has seen two people not being able to navigate the restricted sidewalks. He stated that when cars are parked adjacent sidewalks additional space 1s taken up and makes it challenging to meet ADA requirements.

Mr. Guss said he likes outdoor dining on sidewalks, but asked that the accessibility be maintained.

No one else in the public wished to speak.

Councilmember Hopkins said he had the same concern, and asked if the requirement could be an unobstructed 36-inches to allow ADA access, instead of saying 36-inches from the curb.

Mayor Haleblian asked Ms. Cowlin how this would be accomplished. Ms. Cowlin stated that when limited use permits are issued, there would be a site visit to ensure the unobstructed 36- inch pathway for accessibility.

Mayor Haleblian asked if there is a curb stop. Councilwoman Montford also thought this was a good idea. Ms. Cowlin said staff could look at installing a wheel stop in the public parking spaces.

Public Works and Engineering Director Mike Magnuson said the overhang is typical and Community Development could work the added distance into their access calculations. Ms. Cowlin agreed.

Councilman Hubbard said he supports outdoor dining as long as the issue is resolved. Councilwoman Montford agreed.

Councilman Philpot said he supports the idea, but said he thought it would be fair to allow other businesses to also use public spaces. He suggested adding a one-year review period to see how this can be expanded.

Councilwoman Brady said it is a great plan. She said she is not opposed to the year review.

Mayor Haleblian said he is in favor of outdoor dining and also thought a one-year review is a good idea to make sure access is maintained.

Councilwoman Ferguson said she supports the idea, and added that City and the Downtown Association should take a comprehensive look at adding locations overall.

Councilwoman Brady moved to adopt an Ordinance to allow for outdoor seating on the public sidewalk for various locations within the City, with a one-year review. Councilwoman Montford seconded the motion. On roll call, all present voted yes. Motion passed.

17. Ordinance to allow outdoor seating in three public parking spaces in front of 19 N. Williams Street

Community Development Director Kathryn Cowlin provided the Mayor and City Council with an overview of the item. She said the requests builds on the last agenda item, with Jude's also requesting use of the three public parking spaces in front of the restaurant, which was allowed under temporary outdoor dining approvals.

Ms. Cowlin stated Jude's is the only business downtown that has requested to use public parking spaces. Staff is not recommending approval of the utilizing the parking spaces, as COVID restrictions regarding outdoor dining are no longer in place and the City is looking to move to a more permanent option.

Staff has surveyed other communities, and communities allowing outdoor dining in street areas are opting to close streets entirely to vehicle traffic, such as Arlington Heights, Cary and Woodstock. Crystal Lake currently does not have this option.

Ms. Cowlin said the City also received complaints from other downtown business owners. She said safety is also a concern with dining spaces on the same plane as vehicles without a barrier or on a raised platform. Temporary approvals with parking during the day and dining at night, do not allow for use of a platform for the dining area.

Another concern is setting a precedent for allowing one business to use the public spaces, when no other downtown businesses have the same opportunity.

Paul Leech, owner of Jude's, and Jim Tomasek, general manager, spoke to the City Council regarding the request. Mr. Leech said they are aware of complaints received from other businesses about utilizing parking spaces during the day, but that at night, businesses are not open and North Williams Street is not utilized.

Mr. Leech said Jude's is the only restaurant open at night on that portion of the street. He said they are not taking spaces from other businesses, and that in fact, Jude's has brought thousands of people from Crystal Lake and surrounding towns to the downtown area.

Mr. Leech said Jude's has taken steps to make the parking spaces attractive and safe for both motorists and people dining outside. He said thirty percent of Jude's business is from outdoor dining at night. He said he is trying to enhance the downtown area.

Mr. Leech said he reviewed the conditions should the City Council wish to approve use of the spaces. He stated he was concerned about the precedent question, but has seen first-hand other businesses benefit from outdoor dining at Jude's.

Mr. Leech said they are only looking to use the spaces at night, and there is a demand for it. He suggested reviewing the use after one year. People are coming into Crystal Lake to enjoy outdoor dining, he said other communities have lead alfresco dining and Crystal Lake has fallen behind. He asked the City Council to vote yes.

Mr. Tomasek said if approved, Jude's would use a new decorative fencing similar to what is seen in Chicago. He said it would still be garden-like and a nice atmosphere, and there is a new plan in place to store equipment when not in use.

Mr. Leech said allowances are also made for ADA. He said the spaces are paramount in the summer months.

Mayor Haleblian asked if there was anyone on the public who would like to speak on this request.

Amber Mullins, owner of Ms. Bossy Boots, located at 23 N. Williams Street. Ms. Mullins indicated she has spoken to the City Council before regarding this issue. She said she was not given notice this item would be discussed otherwise there would be more people here to speak. She said she had talked to several other business owners who are against the request.

Ms. Mullins said the Raue Center is now back open at night and on the weekend. That is handicapped accessible and more convenient to the front door of the Raue. She said her store is open until 6:00 at night, and there are other events held downtown where businesses are open later. Allowing Jude's to set up in the parking spaces at 4:30 p.m. does not allow customers to utilize these spaces.

She said there were numerous issues last year where requirements were not followed and she had to notify the City. She said she thinks allowing the three parking spaces is a horrible idea, and that this option has not been offered to other businesses. Other communities have developed other options for outdoor dining that have not been explored.

Ms. Mullins supports sidewalk dining that is accessible to everyone.

Laura Helve, owner of Material Girl, located at 21 N. Williams Street, shared her concerns about the request with the Mayor and City Council. She said her business does operate at night. Ms. Helve does offer classes several times a month from 6 pm to 9 pm and three parking spaces do impact her business.

Ms. Helve said she thinks to give one business in the downtown area free square footage is not fair to any of the other businesses. She said she does not have an issue with sidewalk dining, and would not mind if tables and chairs were set out in the sidewalk area in front of her business.

She asked the Mayor and City Council to consider the other businesses, which are impacted.

Robert Guss, owner of Ms. Bossy Boots, said merchants are still struggling to get back to pre pandemic levels. He said hours of operation will extend later into the evening as this continues to come back.

Mr. Guss said Jude's is adding capacity with the outside area. The new patrons utilize parking that impact neighboring businesses. He said the reality is the businesses are competing for the spaces and some businesses will not make it.

Mr. Guss said he is also concerned about the safety of the spaces, and indicated Algonquin has concrete barriers at areas near Main Street. He said he loves outdoor dining, but it needs to be done in a manner that benefits all the businesses. Other options are available, such as night-time street closures during events, which is done several times a month in Libertyville.

Mr. Guss asked the Council to consider all businesses, not only restaurants. No one else in the public wished to speak. Mayor Haleblian closed public comment on this item.

Councilman Philpot said he appreciated the comments from the public. He said precedent is very high in his mind. He said that the parking spaces, if approved, become unusable public space in comparison to the sidewalks, are remaining accessible to everyone. They become exclusive to one establishment, which he does not want to do.

Councilman Philpot asked Jude's to work with the neighbors to utilize public space as another option.

Councilwoman Brady said City staff indicated Jude's could utilize the grassy area on the other side of Jude's or utilize the alley. This would require a Special Use Permit. She said there may be other alternatives to accommodate outdoor dining.

Councilwoman Brady suggested waiting on the parking spaces to research other alternatives. She asked the petitioner if this would be feasible. She said there has always been a parking issue in the downtown area, and that you do sometimes have to pass other stores.

Mr. Leech indicated that he would be willing to explore other alternatives.

Councilwoman Montford asked for information about proposed barriers. Mr. Leech said the have flower boxes and wrought iron which are about fifty pounds.

Councilwoman Montford said appreciates the concerns of the other businesses, but feels the pros outweigh the cons. She applauded the entrepreneurship, and said the efforts draw more people and revenue to the downtown enhancing the area. She encouraged other businesses to bring new ideas to the table.

Councilman Montford said she like the idea and hoped Jude's would agree to work around neighboring business hours and events. Mr. Leech said he would.

Councilman Hubbard said he appreciates Jude's bringing new ideas to the table, but it is a precedent issue for him. He said when the spaces were used temporarily, it was about keeping the business open during the pandemic and there were restrictions in place.

Councilman Hubbard said he can only rely on what businesses are telling the City Council regarding the impact of the parking spaces. He said businesses are still open at 4:30 p.m. so hours would have to be adjusted, and that in his own experience driving through the area after 6:00 p.m. there is no one out.

Councilman Hubbard said he would like to explore other options as suggested, however if this is approved, there needs to be additional restrictions.

Councilman Hopkins said the one good thing to come out of the pandemic is outdoor dining. He said the City is working with businesses and has approved sidewalk seating.

Councilman Hopkins said a recommendation from the Downtown Parking Committee and the Downtown Association regarding this issue and that this would help him make a more informed decision.

Councilwoman Ferguson said during COVID, the City was working with businesses to keep them open. She said utilizing parking spaces, especially at 4:30 p.m., as being asked is too early and would impact other businesses.

Councilwoman Ferguson said she loves Mr. Leech's creativity and would like to see the City work with the Downtown, Mr. Leech and others to come up with other options, such as closing portions of streets on some days, instead of using parking spaces. She said more options are needed, and that she is in favor of tabling the request for more research.

Mayor Haleblian said he respects the concerns of the other downtown businesses, and this is a good problem to have. He said there is a solution to the problem, but more research and working together is needed.

Mayor Haleblian said his main concern is safety, and he would like to see what would be done to make sure the area would be safe. He would also like to have more information and make things fair for both Jude's and the neighboring businesses.

Mayor Haleblian said would like to table the item for further review.

Councilwoman Montford asked Mr. Leech if a 6:30 p.m. start is workable. Mr. Leech said a 6:00 p.m. start would work. He said if there is an alternative arrangement that can be developed without using the spaces, he is all for it. He is not trying to make it difficult for other businesses.

Councilwoman Brady moved to continue the petitioner's request for outdoor seating in three public parking spaces in front of 19 N. Williams Street to the May 3, 2022 City Council Meeting. Councilman Philpot seconded the motion.

Councilman Hopkins asked if the Downtown Parking Committee meetings are public. Ms. Cowlin said they are not public, but with City staff and downtown merchants.

Councilman Hopkins said he wanted to ensure participation from entire downtown, and not a handful of people.

Councilwoman Brady said City staff will ensure this will happen.

On roll call, all present voted yes. Motion passed.

27. Project Overview of Illinois Department of Transportation ODOT) Route 14 Improvement - Information Only

Public Works and Engineering Director Mike Magnuson provided the Mayor and City Council with an overview of upcoming IDOT improvements to Route 14. He said it is a $3.74 million project, which will be completed in sections, and include ADA ramps, pavement milling and resurfacing with new pavement markings. The project will start in April.

The City understands the project will have a great impact on area businesses and residents, and will be communicating with them throughout the project utilizing post cards, website and social media. Staff will be meeting with the contractor throughout the project.

Mr. Magnuson said the City has reached out to IDOT and Curran Contracting regarding the Independence Day Parade and scheduling work around the event.

Councilman Hopkins asked staff to have high levels of public outreach with businesses to give them warning so they can plan and notify customers.

Mayor Haleblian asked about a completion date. Mr. Magnuson said he will get the information from IDOT and provide it to the Council.

28. Project Update of McHenry County Division of Transportation (MCDOT) Northern Section of Randall Road Improvement - Information Only

Public Works Director Mike Magnuson provided the Mayor and City Council with an overview ofMCDOT improvements to the northern section of Randall Road. He said the City Council has provided input in the past through a resolution and staff wanted to make sure they had City Council feedback as the County moves forward with design engineering. City staff met with the County in January.

Mr. Magnuson said many of the elements of the project remain unchanged. There will be three lanes in each direction, and lighting is proposed along entire Randall Road corridor, as well as water main relocation. There will be a new bike path on the east side and new sidewalk on west side of Randall Road, and the City has notified the County there is a need for a crossing either under or over the roadway within the Crystal Lake section.

Angela Lane will remain a right-in/right out access, and a "Green-T" signalized intersection is planned at Village Road. Staff requested a traffic signal such as the "Green-T" design be provided at Alexandra Boulevard.

The intersection of Miller Road needs to be entirely redesigned to accommodate storm water, and will be raised approximately three feet. There will be a small bridge needed and Miller Road will be closed during construction of the intersection.

Mr. Magnuson said the City has expressed concerns regarding the impact on Golf Course Road during the bridge construction on Miller Road and asked the County to explore alternatives, such as temporary traffic signals on Golf Course Road at Miller Road or at Village Road and Randall Road. Traffic calming measures should be reviewed as well along Golf Course Road.

Additional storm water storage is needed at the northwest corner of Randall Road and Miller Road, and the City has asked the County to make sure the property at this location remains viable for some development. The City asked for the on-going peer review to be forwarded to the City once completed.

Exploring a separated-grade pedestrian crossing - City's preference is a crossing north of Miller Road (near McHenry A venue or Ackman Road).

Mr. Magnuson asked for confirmation on the City Council's existing feedback and staff will bring back a resolution at the next City Council meeting that will provided to the County. Councilwoman Brady asked for additional information on the planned bike path.

Councilwoman Ferguson asked to know what the qualifications are for traffic signals at Alexandra Boulevard and Village Road, as the City was told in the past they did not qualify.

Councilwoman Brady said she was not sure if a traffic signal is needed at Alexandra Boulevard and if a bike path makes sense along such a busy roadway.

Councilman Philpot said he is not concerned about a bike path on the east side of Randall Road because of motorists turning onto Alexandra Boulevard and Village Road. He said he was not concerned with the speed on Randall Road.

Councilman Hopkins thanked staff for giving the City's input to the County on the project. He asked for the rationale for the Green-T intersection at Alexandra Boulevard.

Mr. Magnuson said he thought it was a response to the City's request for a signal at Alexandra Boulevard. He said a light is needed for turning vehicles to cross that many lanes, and the City could ask the County to allow for a signal to allow for left turns only.

Councilman Hopkins said he does not support a light at Alexandra Boulevard.

Councilmembers Hopkins, Brady, and Montford are in support of the Green-T signal at Village Road and right-in/right-out at Angela Lane, with no signal.

Councilman Philpot asked the City to ask if a u-turn on Ackman would be allowed.

Councilwoman Montford asked about the need for both the sidewalk and bike path along Randall Road. Mr. Magnuson said Complete Streets legislation requires accommodations for pedestrians and bicycles on both sides. He explained the County's need to have the bike path on the east side so the path can connect to other regional trails.

Mayor Haleblian said he is concerned about left turns onto Alexandra Boulevard.

Mr. Magnuson said staff will look at accident data and bring a resolution back for the City Council at the next meeting.

29. Public Hearing for the Annual Budget for the 2022/23 Fiscal Year; and Adoption of the Annual Budget Ordinance, Salary Ordinance, Ordinance amending Section 515, Water and Sewer, of the City Code, Vehicle Leasing and Replacement Program for the 2022/23 Fiscal Year and amended allocation of the Hotel/Motel Tax Funding for the 2022/23 Fiscal Year

Mayor Haleblian opened the 2022/2023 Fiscal Year Budget Public Hearing, and asked if anyone from the pubic wished to speak. No one wished to speak.

Mayor Haleblian closed the Public Hearing.

Councilwoman Brady moved to adopt an Ordinance approving and adopting the Annual Budget for the 2022/23 Fiscal Year, the Salary Ordinance for the 2022/23 Fiscal Year, an Ordinance amending Section 515, Water and Sewer, of the City Code, and adopt a Resolution authorizing the Vehicle Leasing and Replacement Program for the 2022/23 Fiscal Year, and a Resolution amending the Allocation of Hotel/Motel Tax Funding for the 2022/23 Fiscal Year. Councilwoman Ferguson seconded the motion. On roll call, all present voted yes. Motion passed.

Council Inquiries and Requests

None.

Adjourn

There being no further business, Councilman Hopkins moved to adjourn the meeting at 8:51 p.m. Councilwoman Ferguson seconded the motion. On voice vote, all present voted yes. Motion passed.

https://ecode360.com/documents/CR2206/public/656719851.pdf