McHenry Times

City of Crystal Lake City Council met Nov. 15.

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, Council members Ellen Brady, Brett Hopkins, Cameron Hubbard, and Mandy Montford were present. City Clerk Nick Kachiroubas was absent. Councilmembers Cathy Ferguson and Ian Philpot attended the meeting telephonically.

Interim City Manager Eric Helm, Assistant City Manager Nick Hammonds, Deputy Director of Public Works and Engineering Matt Farmer, Director of Public Works and Engineering Michael Magnuson, Director of Community Development Kathryn Cowlin, Finance Director Jodie Hartman, Police Chief James Black, Fire Rescue Chief Paul DeRaedt, and City Attorney John Cowlin were also present. Special Legal Counsel Victor Filippini was also present.

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

Pledge of Allegiance

Mayor Haleblian introduced Army Sergeant Nathaniel Wilson and his family to lead in the Pledge of Allegiance. Sgt. Wilson graduated from Prairie Ridge High School and was stationed at Fort Campbell, Kentucky. In 2020, he deployed to Iraq for one tour. Sgt. Wilson is in the Army Reserve, attending McHenry County College and will transfer to the University of Illinois to study Electrical Engineering.

The Blue Star Banner Presentation will be held at City Hall on December 5, 2022 at 7 p.m.

Approval of Minutes

Councilwoman Ferguson moved to approve the minutes of the November 1, 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 $2,580,107.00. Councilman Hopkins 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.

Matthew Schreiner, resident of Gardina Vista, discussed the City's nuisance ordinance, specifically regarding barking dogs at a neighbor's home. He thanked the City of Crystal Lake Police Department for their help with addressing his concerns, which are continuing, but is asking the City to redefine what is excessive, continuous or untimely barking in the existing nuisance ordinance.

No one else wished to speak.

Mayor's Report

Mayor Haleblian wished everyone a Happy Thanksgiving.

City Council Reports

None.

Consent Agenda

Councilwoman Brady moved to approve a Consent Agenda, including Items 9a, 9b, and 9c, adding Items 10, 11, 13, 14, 15, and 16. 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. Appointed Eric T. Helm as the City Manager, approved the attached City Manager Employment Agreement and authorized the Mayor to sign the Employment Agreement on behalf of the City Council and the City Clerk to attest.

9b. Took no action on the County Zoning Request - 12419 Hensel Road, Huntley, IL, a variation to allow an Ancillary Dwelling Unit to be a maximum of 1,100 square feet instead of the maximum 900 square feet allowed

9c. Adopted a Resolution Approving 2023 City Council Meeting Schedule.

10. Approved the Planning and Zoning Commission (PZC) recommendations and adopted an Ordinance granting the Special Use Permit for the Crystal Lake Country Club at 721 Country Club Road.

11. Approved the Planning and Zoning Commission (PZC) recommendations and adopted an Ordinance granting the Final Planned Unit Development Amendment for the Shops at Terra Cotta at 540 E. Terra Cotta Avenue.

13. Adopted a Resolution approving an amendment to the contract with Teska Associates for additional compensation of $2,500.00 and a time extension to April 30, 2023 for TIF consulting services for Teska Associates.

14. Awarded a contract for liquid de-icing chemicals to the lowest responsive, responsible bidder, Industrial Systems Ltd., and adopted a Resolution authorizing the Interim City Manager to execute a one-year contract with Industrial Systems Ltd. in the submitted bid amounts.

15. Appointed Ana Freund to the Historic Preservation Commission for a term ending June 30,2024.

16. Awarded the contract for a Police Department Staffing Study to the most qualified, responsible and responsive proposer, McGrath Consulting Group Inc., and adopted a Resolution authorizing the Interim City Manager to execute an agreement with McGrath Consulting Group Inc. for a Police Department Staffing Study in the amount of$73, 788, with 10% contingency for unforeseen expenses.

12. 269 Liberty Road - Special Use Permit for a Wireless Communication Tower and Variations from Article 2-400 to allow the Monopine style tower and for the tower to be setback less than 110% of the height of the tower from the west, east and south property lines

Community Development Director Kathryn Cowlin provided the Mayor and City Council with an overview of the monopine Special Use Pennit and variation requests. She explained the monopine-style cell tower and different views of the monopine from the surrounding area.

Ms. Cowlin said the petitioner is requesting two variations. City ordinance requires towers be painted gray or blue color to help blend in with the sky. She noted the monopine style is intended to help camouflage the tower as well. The second is a setback requirement (110 percent of the height of the tower). The Planning and Zoning Commission felt there was not a hardship, which is needed for a variation, and made a negative recommendation. As such, a super majority vote is needed to approve the request.

Ms. Cowlin said the City Council has two options - to approve the Special Use Pennit and variations or approving a Resolution denying the request.

Mr. Zeke Katz of, Bryan Cave Leighton Paisner LLP, attorney for the petitioner said the monopine would be located in the least intrusive location. He said the hardship is that coverage to the north and east is needed and there are no viable locations. There are no existing towers that meet height or location requirements in this area that would work for T-Mobile. He stressed that building a new tower is the most costly option, which demonstrates T -Mobile is serious about this location.

Mr. Katz said this location is also the least intrusive location due to the existing tree line and due to the design, snow and ice will fall off the tower, as it would from a tree.

Mayor Haleblian asked if anyone in the public wished to comment on the request.

Tom Burney, representative of Water's Edge (Fiduciary and Crystal Lake Urban LLC), spoke against the proposal. He said the lot is too small to have a cell tower and the petitioner has not proven a hardship for variations, and that construction of a cell tower will be an added hardship to the mixed-use development. The petitioner did not provide an appraisal regarding the impact to surrounding properties.

Mr. Burney said the petitioner did not prove the hardship, which is needed for variations. He said the tower would be 110 feet tall, with 55 feet of the pole on the bottom being bare pole and not screened.

He said the property is also located next to residential property for the Water's Edge development.

Mr. Patrick Turner, representing SBA Communications, also spoke in opposition of the proposal. He said the Planning and Zoning Commission unanimously voted to deny the application, with the primary reason being the request does not meet the standards for a Special Use Permit or variations.

Mr. Turner said he represents another communications company, with a tower one half mile away that could be modified to accommodate additional equipment and resolve any coverage issue. He said the City's Zoning Ordinance calls for minimizing the number of new towers and strongly encouraging the use of existing towers.

Mr. Turner asked the City Council to agree with the Planning and Zoning Commission and deny the petition.

Mr. Christopher Branham, owner of CARSS Automotive a neighboring property, spoke in support of the petitioners request.

Mr. John Green said there would be 300 new neighboring residents to the east in the Water's Edge development in the future. He said the proposed location is too close to their property, and it is visibly intrusive.

Mr. Green said he felt the there are other options than the petitioner's proposal.

Mr. Mike Howley, representing T-Mobile, stated the radio frequency engineer determined T-Mobile customers' service is below average, and explained how this was determined. He said it is more cost effective to utilize existing towers, and indicated the SBA Communications tower and other locations would not meet T-Mobile's needs. T

Mobile approached the City regarding a tower at Three Oaks Recreation Area and the City was not interested. As such, area property owners were approached about the tower.

In response to concerns, Mr. Katz stated the petitioner understands residential property is located to the east of the proposed location. He said the monopine design is intended to minimize the visual impact of the tower.

Mr. Katz stated the petitioner is open to moving the tower 20 feet to the west, eliminating one of the requested variations. However, this would require the removal of trees. He also indicated the petitioner would like to ensure that all property owners in the City have an equal opportunity to develop their property.

Mr. Katz stated SBA Communications was not contacted by T-Mobile because the location of the exiting tower would not meet the coverage needs to the north and east. In addition, the current SBA tower is also not a viable option to add on necessary 50 technology.

Mr. Art Koch explained that he has been in the City for over 30 years and at this location for about 9 years. He said he had been thinking of how to use on the back half of the property, which is vacant, and when he was approached by T-Mobile, he thought the cell tower would be a good idea and provide needed infrastructure for the community.

Mayor Haleblian asked if the City Council had any questions or comments.

Councilwoman Montford asked about radio frequency radiation and how this might affect the sale of residential properties near the proposed the location.

Mr. Howley said T-Mobile has met FCC criteria.

City special legal counsel Victor Filippini clarified that potential effect or lack thereof for radio frequency radiation cannot be considered here.

Councilman Hubbard said he is having difficulty with this request. Consideration has been made in the past to limit the number of cell tower locations. He said he has not seen enough information to determine if a new T -Mobile tower is needed, and he cannot support moving forward with the request.

Councilman Hopkins thanked the petitioner for looking at properties zoned for manufacturing. He said regardless of where the tower is located, it comes down to hardship and variations, and granting them based on special conditions, the City Council needs to look carefully. In this case, he can understand the need, but feels there are other locations in Crystal Lake where the tower could be located not requiring a variation.

Councilwoman Brady asked staff if variations were granted when the cell tower on Commercial Road was approved. Ms. Cowlin said a setback variation was granted.

Councilwoman Brady asked what the hardship was in that case. Ms. Cowlin said the hardship was the lot dimensions and the location of the lot, surrounded by industrial properties in the Teckler triangle self storage and manufacturing facilities.

Councilwoman Brady asked about the cell tower at Wastewater Plant 2. Ms. Cowlin said this tower went through a public hearing process.

Councilwoman Brady asked if the branches on the proposed tower could be lowered to help it blend in more with existing the tree line on the property, or if more branches can be added to the bottom of the pole. The petitioner said yes.

Councilwoman Brady asked Mr. Burney if the pole was relocated to the west of the property, if he would still object. Mr. Burney said this might eliminate the variation hardship objection, but they still are not crazy about having a cell tower located at the proposed location.

Councilwoman Brady said they granted a variation because of a need for the service. She said technology has changed and we need to adapt as needs change. She said if changes are made to the pole, then maybe this can happen.

Mr. Burney asked that staff determine that this is the best location to serve T-mobile. He wants to be sure this is the best location. Ms. Cowlin said staff would rely on the information provided to staff to help determine the best location. She said moving the tower could be referred back to the Planning and Zoning Commission as another option.

Councilwoman Ferguson said she would like to see greenery and branches further down on the tower and move the tower to get rid of the variation for the eastern setback.

Councilman Philpot said he agrees with Councilwoman Ferguson he wants to make sure the tower is done right if it is to be approved.

Mayor Haleblian said at the very least he would like to see more branches and the tower moved to the west. In addition, he would like to see more options are investigated. He is not in favor of the proposal as it stands now.

Special legal counsel Victor Filippini said there is a time clock for the cell tower item, and asked if the petitioner would be willing to waive the time clock. Ms. Cowlin said the item could be on the second Planning and Zoning Commission meeting and the first City Council meeting in January, keeping in mind holidays and submittals of additional information.

Mr. Filippini said 75 days would be an appropriate time to delay the clock. If the City Council were to deny the request, the petition would be stopped for two years. On behalf of the applicant, Mr. Katz agreed to a 75-day delay.

Councilwoman Brady made a motion to refer the petition back to the Planning and Zoning Commission, with the tower, being moved 20 feet to the west, which would eliminate one variation but one would remain nearest to the industrial property.

Mr. Filippini said there would be additional changes, with additional branches added to the monopine.

Mayor Haieblian polled the City Council regarding the request with suggested changes.

Councilwoman Montford said she is more in favor of the proposal if the tower is moved and not affecting the residential properties as much. She is in favor of referring the item back to the Planning and Zoning Commission.

Councilmembers Hubbard, Hopkins, Brady, Philpot and Ferguson were also in favor of the referral.

Mr. Filippini said it is appropriate for a motion at this time.

Councilwoman Brady moved to refer the petition back to the Planning and Zoning Commission. Councilman Hubbard seconded the motion. On roll call, all present voted yes. Motion passed.

17. Public Works and Engineering 2023-24 Capital Improvement Plan Presentation - Discussion Only

Director or Public Works and Engineering Mike Magnuson provided the Mayor and City Council with an overview of the 2023-24 Capital Improvement Plan, covering the next 5 years. The plan focuses on three main goals: maintaining infrastructure, investing in the future, and improving the quality of life.

Maintaining infrastructure includes staying on course with Annual Programs, rehabilitating at the right time (facilities and transportation), and ensuring regulatory compliance (water & wastewater).

The City will be looking at replacing water meters with new technology, reconstruction of Dole Avenue and considering improvements to Water Plant 1, replacement of water main on a portion of Crystal Lake Avenue, improvements to Wastewater Treatment facilities, as well as the replacement to the upgrade to the Municipal Complex HV AC system and other projects.

There are several regulatory compliance issues that must also be addressed, including the Lead Service Line Replacement Program and the Wastewater Effluent Phosphorous Reduction mandate.

Improving quality of life includes traffic and roadway projects (roundabouts, Lutter Drive, parking along U.S. Route 14), bicycle and pedestrian projects (pedestrian crossings on Route 176), and water (Deep Well 20, Deep Well 19 and Transmission Main) and storm water projects (Crystal Creek, Broadway conflict manhole, Edgewater Drive storage, Country Club storm sewer, Three Oaks Recreation Area water adjustment, Crystal Vista spot drainage improvements).

Mayor Haleblian asked about changing the color for the flashing lights at crossings from white to red. Mr. Magnuson said this can be looked at for City street locations, but IDOT does not like those signals.

Mr. Magnuson said improvements to the Pingree Road pedestrian crossing would also be looked at for next year.

Looking to the future, the City is looking at traffic (new growth) and streetscape projects (U.S. Route 14 beautification, IL 31 Reconstruction (lDOT) Water main and Forcemain Relocation, Three OakslLutterlSands Road improvements, funding for a Walkup Road and Crystal Lake Avenue Roundabout, Wastewater Project and Facility Projects (EV).

City staff will also look at City Hall Electric Vehicle Charging Stations ($50,000). Community Development Department inspector fleet may be a good opportunity, as they will need to be replaced. CornEd grant funding may be available.

Mayor Haleblian asked if Enterprise had a lease program for electric vehicles. Mr. Magnuson said there is probably a program.

Mayor Haleblian asked why IDOT ground US Route 14. Mr. Magnuson said the City asked IDOT to look at several parts of the project that were not done properly. He said there is about 1,500 feet of the roadway that needed to be fixed. The pavement color will fade with time.

Mayor Haleblian and Councilman Hubbard asked about the roadway height in respect to manholes.

Interim City Manager Helm said staff would contact IDOT regarding this issue.

Councilwoman Brady asked if this treatment was completed on Grandview. Mr. Magnuson said this was a treatment to help extend the life of the pavement.

19. 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

Councilman Hopkins moved to 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 Councilman Hubbard seconded the motion. On roll call, all present voted yes. Motion passed.

20. Reconvene to Regular Session

Councilwoman Ellen Brady moved to reconvene to Regular Session. Councilman Hubbard seconded the motion. On roll call, all present voted yes. Motion passed.

Council Inquiries and Requests

Councilman Hopkins congratulated Interim City Manager on his appointment to City Manager.

Adjourn

There being no further business, Councilwoman Brady moved to adjourn the meeting at 9:47 p.m. Councilman Hopkins seconded the motion. On voice vote, all present voted yes. Motion passed.

https://ecode360.com/CR2206/document/697570253.pdf