McHenry Times

City of Crystal Lake City Council met April 18

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, Cathy Ferguson, Brett Hopkins, Cameron Hubbard, Mandy Montford, and Ian Philpot were present. City Clerk Nick Kachiroubas was also present.

City Manager Eric Helm, Assistant City Manager Nick Hammonds, 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 Cow lin were also present. Special Legal Counsel Victor Filippini was also present.

Pledge of Allegiance

Mayor Haleblian introduced Jennifer and Chris Mascarella, the parents of 2015 Crystal Lake Central graduate and United States Navy Petty Officer Second Class Anthony Palmero to help lead in the Pledge of Allegiance. Petty Officer Palmero serves in the Naval Nuclear Program as a Nuclear Mechanic, and has been stationed in Charleston, South Carolina, Ballston Spa, New York, and Bremerton, Washington, where he was attached to USS Nimitz, the lead ship of the Nimitz-class nuclear-powered aircraft carriers and one of the largest warships in the world.

On April 1, 2020, when the world was going into lockdown due to the pandemic, the Nimitz sailors were sequestered on board for 27 days before being deployed. These seamen spent a total of 331 days onboard with no quality-of-life port calls allowed. This became the longest deployment since the Vietnam War.

Petty Officer Palmero is now stationed in San Diego, California.

Councilwoman Ferguson's family members also helped lead in the Pledge of Allegiance.

Approval of Minutes

Councilwoman Ferguson moved to approve the minutes of the April 4, 2023 Regular City Council Meeting. Councilman Hubbard seconded the motion. On roll call, all present voted yes. Motion passed.

Accounts Payable

Councilwoman Montford moved to approve the Accounts Payable in the amount of $1,925,729.37. 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.

Mary Alice Fellers and Bonita Drew from the Crystal Lake Public Library provided on update on the Library and the homebound program.

Becky and James Long, 1831 Kings Gate Lane spoke to the need to amend the City Code to add the word "physically" to the section about restraining dogs in public and to consider revisions to the City Code regarding fines instead of impoundment for violations.

Mayor's Report

Mayor Haleblian honored Councilwoman Cathy Ferguson for her 24 years serving on the City Council, and presented her with a proclamation, award and flowers.

Councilwoman Ferguson thanked everyone, saying when she first ran for City Council; she did not anticipate still being here 24 years later. She said she is proud and privileged to have served the community in this way, and she appreciated all of the trust and support received.

City Council Reports

None.

Consent Agenda

Councilwoman Brady moved to approve a Consent Agenda, including Items 9a, and adding Items 10, 11, 12, 14, 17, 18, 19, 20 and 21. Councilman Philpot seconded the amended motion, removing item from the Consent Agenda.

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. Approved issuance of a Class 20 Temporary Liquor License to the McHenry County Marine Corps League in order to offer wine and alcoholic liquor in the package only, as a raffle prize for afundraiser on Saturday, November 11,2023. 

10. Adopted an Ordinance reducing the number of Class 4 liquor licenses from 3 to 2 and increasing the number of Class 22 liquor licenses from the currently permitted 1 license to 2 licenses, in order to allow for the issuance of a new Class 22 liquor license to Soto Services, Inc., d/b/a Chilo's Mexican Grill, located at 282 W. Virginia Street. 

11. Adopted an Ordinance reducing the number of Class 3 liquor licenses from 6 to 5 and increasing the number of Class 22 liquor licenses from the currently permitted 2 licenses to 3 licenses, in order to allow for the issuance of a new Class 22 liquor license to Familia G. Inc., d/b/a Las Cazuelitas Bar and Grill, located at 21 Crystal Lake Plaza. 

12. Adopted an Ordinance increasing the number of Class 8 liquor licenses from the currently permitted 5 licenses to 6 licenses, in order to allow for the issuance of a new Class 8 liquor license to Guzman Y Gomez Restaurants, LLC d/b/a Guzman Y Gomez, located at 5459 Northwest Highway. 

14. Approved the Planning and Zoning Commission (PZC) recommendations and adopted an Ordinance granting the Final Planned Unit Development Amendment and Special Use Permit to allow a second freestanding sign with an Electronic Message Center (EMC) with Variationsfor Home State Bank at 611 S. Main Street. 

17. Awarded the bidfor the Wastewater Division Telemetry System Upgrade Project to the lowest responsive and responsible bidder, General Communications, Inc., and adopted a Resolution authorizing the City Manager to execute a contract with General Communications, Inc. in the amount of $183,246.10, execute change orders for up to 10% of the contract amount, and approve warranted completion date change orders relating to the contract. 

18. Adopted a Resolution authorizing the City Manager to execute an agreement with Mackie Consultants for the Pingree Road Pedestrian Improvements Design Engineering Consultant Services in the amount of $41,850, approve warranted changes for up to 10 percent of the agreement cost, and to approve warranted completion date extensions. 

19. Adopted a Resolution rejecting the bid from the March 28, 2023 bid opening for the Annual Sidewalk, Curb and Pedestrian Ramp (ADA) Replacement Program and awarding the Annual Sidewalk, Curb and Pedestrian Ramp (ADA) Replacement Program bid to the lowest responsive and responsible bidder, Strada Construction Company, and adopted a Resolution authorizing the City Manager to execute a contract with Strada Construction Company in the not to exceed amount of $499,350.00, and approve warranted completion date change orders relating to the contract. 

20. Adopted a Resolution rejecting all bids from the February 10, 2023 bid opening for the Crystal Lake City Hall Server Room Cooling System Replacement Project and awarding the bid for the Crystal Lake City Hall Server Room Cooling System Replacement Project to the lowest responsive and responsible bidder, Sherman Mechanical, Inc., and adopted a Resolution authorizing the City Manager to execute a contract with Sherman Mechanical, Inc. in the amount of $39,800.00, execute change orders for up to 10% of the contract amount, and approve warranted completion date change orders relating to the contract. 

21. Awarded the proposal for SCADA System Services to the most responsive, responsible proposer, Concentric Integration, LLC, of Crystal Lake, Illinois, for SCADA System Management of the City's SCADA systems and adopted a Resolution authorizing the City Manager to execute a one-year contract and up to three additional one-year terms at the proposed hourly rates and authorize services and repairs for a not-to-exceed annual amount of $90,000. 

Mayor Haleblian explained the City's regulations regarding the sale of alcohol to the owners of Chilo's Mexican Grill, Las Cazuelitas, and Guzman Y Gomez. He also explained the City's IMPACT program, wished them the best of luck with their business, and thanked them for investing in the community

13. 5656 Northwest Highway, M'Lady Nissan - Special Use Permit Amendment to allow a new freestanding sign at 18 feet, 10 inches high and 37.67 square feet in area and less than 10 feet from the property line

Community Development Director Kathryn Cowlin provided the Mayor and City Council with an overview of the petitioner's request, explaining Nissan has new branding and the dealership needs to change signage to reflect the change. The petitioner does not agree to install additional landscaping along the base of the new signage ( condition two), but does agree to other conditions.

Mir Ali, the petitioner, said the sign is surrounded by asphalt and he would like to only replace the existing sign with the new sign.

Councilman Philpot asked about the grass areas near the signage. Ms. Cowlin stated that is not the petitioner's property, but is the retention area for the neighboring property.

Councilman Philpot asked about use of planters.

Mayor Haleblian said the location of the sign is so close to the roadway, plants do not survive there.

Councilwoman Brady moved to approve the Planning and Zoning Commission (PZC) recommendations, removing condition number two, and adopt an Ordinance granting the Special Use Permit Amendment for the freestanding sign for M'Lady Nissan at 5656 Northwest Highway. Councilman Hopkins seconded the motion. On roll call, all present voted yes. Motion passed.

15. 997 North Shore Drive - Variations from Article 3 to allow the encroachment of the principal structure 10 feet 3 inches into the 106.98 street side setback, allow the encroachment of the principal structure 15 feet 3 inches into the 59.27-foot front yard (lake side) setback, allow a three-foot encroachment by a roof overhang over the bay windows, a one-foot variation, the construction of an accessory structure (a raised patio and spa with retaining wall), which encroaches an additional 11 feet into the 59.27-foot, a variation of 26 feet, and to allow a total impervious surface coverage of 59%, a variation of 9% or 1,053 square feet

Ms. Cowlin provided an overview of the request to the Mayor and City Council, which will be for the construction of a new home. She explained the setback requirements and there was not a lot of discussion regarding setbacks at the Planning and Zoning Commission (PZC) meeting, which instead focused on impervious surface coverage.

In addition, Ms. Cowlin explained the differences between impervious surface coverage requirements in the Unified Development Ordinance (UDO) and the City'S Watershed Ordinance. The UDO limits R-2 zoned lots to 50 percent coverage of a property (hardscape). She stated regardless of what is approved, the property owner would have to complete engineering for the lot, which meets the City's storm water and watershed ordinances. These requirements will be met through the installation of trench drains connection of the roof drains and gutter systems to the trench drains.

Ms. Cowlin said the proposed house will also need setback variations. She said the hardship presented at the PZC was the narrowness of the lot. There were also concerns from a neighbor regarding design of the house and existing lot conditions.

Angie Hutchins, the petitioner thanked the Mayor, City Council and City staff for their time and neighbors who in attendance. She said she was born and raised in Crystal Lake and has two children she is raising here.

Ms. Hutchins said she has gone above and beyond requirements for the property to ensure that the construction meets regulations. The property was deemed to have met findings of fact by the PZC.

Mr. Hutchins provided and overview of the engineering work for the proposed house, as well as the existing home compared to what the new home would look like. He explained the "age in place" design where amenities are on the first floor of the home.

Mr. Ferrell reviewed the design to address concerns regarding the garage and front door of the new home to explain how the home will not alter the character of the neighborhood. He provided pictures of garages and doors in the neighborhood. He also explained the new home would not encroach any further to the lakeside.

He said potential water issues have been addressed due to the extensive engineering work that has been completed. The property owner will comply with watershed requirements moving through the process.

Mayor Haleblian asked if anyone the public wished to speak regarding the request.

Eric Anderson, resident of 97 North Shore Drive - one lot east of the property. He said there are five variations for the proposal, and one hardship discussed. He does not agree that the size of the lot is a hardship.

He said instead of granting the variation, change the zoning ordinance to allow for the setbacks. His main concerns is impervious surface coverage of the lot, as he had a problem with flooding when another property was developed, stressing this is a real problem.

Councilwoman Montford asked for the length of the lots. Mr. Anderson said they are 250 feet by 50 feet.

Julie Novy, resident of the property next to 997 North Shore Drive, discussed the impact of the proposed development. She agrees with Mr. Anderson, and said changing the setbacks of the house causes hardships on neighbors.

Ms. Novy implored the City Council to look at the water issues carefully. She said the current house has caused no issues.

In addition, Ms. Novy explained the six parcels in the area are 50 feet wide and unique to the area. Houses sit by the lake, garages are by the road. She said setbacks are determined by survey a set number of surrounding houses, not the entire shoreline. The houses further west or east have smaller spaces from the garages to homes and are not comparable.

Ms. Novy asked the Mayor and City Council to consider safety and the ordinances already in place. She expressed concerns regarding the location on the driveway in regards to backing out.

Melinda Wolfe, resident of 947 North Shore Drive and owner of 941 North Shore Drive, spoke in support of the request. She said along North Shore Drive there has been a lot of water mediation, and as a result they have seen less groundwater seen.

Ms. Wolfe, said there are homes on North Shore Drive do have approved garages that load on the side. In addition, she said there have been other properties that have received variations for lot coverage. She also commended the petitioner for their due diligence.

Dave Blum, North Shore resident, also commended the petitioner on the effort they have put forth to make sure the project is done the right way.

Mayor Haleblian closed public comment.

Councilman Hopkins said the City Council is trying to balance property owner rights and neighboring property rights. He asked Public Works and Engineering Director Mike Magnuson to explain efforts that have been undertaken to help with water issues in the area and how this project would impact neighboring properties.

Mr. Magnuson said that the City has completed a lot of projects in the area, including changing how development and engineering is handled along the lake. He said the petitioner has done enough engineering to assure staff and Christopher Burke Engineering that they can accommodate infiltration and 1 OO-year events.

Councilman Hopkins said that the 100-year rain events are happening more frequently and how can the City be sure this is being addressed.

Mr. Magnuson said the City, as well as the entire state, has adopted new methodology incorporating that these events happen more frequently.

Councilwoman Montford asked Mr. Magnuson to explain how the new city standard infiltration trenches work. Mr. Magnuson explained how the 2019 trench design works to accommodate storage above the gravel layer and drain within 72-hours. He said the City does a lot to make sure the trenches work.

Councilwoman Montford asked what would happen if the trench does not work. Mr. Magnuson said the City does watch draining issues. It is enforced when someone puts more water on their neighboring properties than is there now, which usually happens when work is completed without a permit or in older developments.

Councilman Hopkins asked if there is a negative impact during rain events with water coming from high ground. Mr. Magnuson said the property owner would have to accommodate water coming off North Shore Drive. Refinement of engineering plans is needed to make sure the water does not get into the house and does not go into the neighboring properties as well. He said the City is confident that conceptually, the design is sound.

Mayor Haleblian asked if the same requirements are required here as were required at the comer of Baldwin and North Shore Drive. Mr. Magnuson said yes, and that no complaints have been received regarding those properties.

Councilman Hopkins clarified what variations are new versus variations that are existing. Ms. Cowlin said the street side encroachment is greater, and the roof over the bay windows extends too far into the setbacks, and impervious surface coverage.

Councilman Philpot asked the petitioner if a basement or crawlspace exists. The petitioner said there is no basement or crawl space.

Councilman Philpot is concerned with the impervious surface variation request. He said he feels like getting rid of one garage, then the project falls into compliance, and he noticed the petitioner is open to pavers to help with impervious surface coverage.

Councilwoman Brady said she would feel better if the petitioner was open to use pervious pavement or materials. This would make her feel more comfortable with the second garage.

The petitioner said she is open to the pervious materials, and that no decisions have been made at this time. Mr. Magnuson said from the garage to the street, this would have a benefit.

Councilwoman Brady said she does not know of a house that the City Council has approved without variations. She said she had confidence in the engineering.

Councilwoman Ferguson said in the City has put a lot of work into making sure that requirements are objective. She is looking at objective vs. SUbjective requirements, and unless the pervious materials are used, she cannot support the plans. In her opinion, the project needs more work.

Councilwoman Brady also asked City staff if they could test pulling out of the driveway. City staff was able to do so on the first try.

Councilwoman Montford said she has spent a lot of time thinking about the issue, and that the size of the home on the lot is not unheard of. She said maybe the UDO needs to be looked at to make sure it still current and incorporates storm water management.

Councilwoman Montford said the 50 percent guideline, but variations make sense when they are warranted. She said if there is a way to improve the permeability, she would greatly in favor of this and as a whole is in favor of the project.

Councilman Hopkins asked about the history of the street side setback is. Ms. Cowlin said both the lakeside and street side setbacks are an average of setbacks within properties within 400 feet. She said essentially every lot has their own setback requirements, there are so many different lot sizes and shapes along the lake.

Councilwoman Montford clarified that other subdivisions have 30-foot street setbacks.

Councilman Hubbard said he agrees with Councilman Hopkins and there is no clear answer. He said properties on the North Shore are difficult to improve and he Council needs to accommodate reasonable requests.

Councilman Hubbard said he is comfortable granting the 59% variation to new engineering developments and feels the new home will not change the character of the neighborhood.

Councilman Philpot said he appreciates the discussion, and feels driven further the other way. He is not in favor of granting a variation for every lot that is on the North Shore that would ask for one.

Councilwoman Ferguson said she feels this is moving back to SUbjective requirements. She said she could not support the request.

Councilwoman Brady said there are 17 other properties that the City Council has offered flexibility in City standards due to the nature of the area. It is not possible to remodel the houses without variations. She said she does not know how the City Council can change direction now.

Councilwoman Brady asked Councilman Philpot if he could support the request with permeable materials. Councilman Philpot said no.

Councilwoman Brady asked Mr. Magnuson if each of the six lots in this area had 59% surface coverage, would there be flooding in the area. Mr. Magnuson said this is hard to determine, as there are different lot size, drainage conditions and soil types.

Councilman Hubbard said any development here would have to go through the approval process; it would not be a blanket percent.

Councilwoman Brady asked if there are some lots near the lake that cannot be redeveloped. Mr. Magnuson said there are lots, on the west end for example that cannot be redeveloped. He said soil borings have been taken at this property, and development is possible in this case.

Councilman Philpot asked Councilwoman Brady if the impervious surface coverage changes the character of the neighborhood.

Councilwoman Brady said no, that there are no two lots that are the same, and a unique area. She said these areas need additional consideration. She said the she would be in favor of looking at changes to the UDO regarding pervious materials and surface coverage.

Mayor Haleblian said his first house was on North Shore Drive. He said this becomes an economic issue. If someone is spending the money to buy a lot on the lake, a small house is not going to be built there. He said this is a well-done project. He said he believes in the science and supports City staff.

Mayor Haleblian said he has no issue with the request.

Councilwoman Brady moved to approve the Planning and Zoning Commission (PZC) recommendation, adding the condition that the driveway be constructed with permeable pavers/pavement, and adopt an Ordinance granting the variations for 997 North Shore Drive. Councilman Hubbard seconded the motion. On roll call, Mayor Haleblian and Councilmembers Brady, Hopkins, Hubbard and Montford voted yes. Councilmembers Ferguson and Philpot voted no. Motion passed.

16. Unified Development Ordinance (UDO) Amendment, to Article 2 and Article 10 to allow for Tourist Homes

Ms. Cowlin provided an overview of the proposed changes to the Unified Development Ordinance to allow for Tourist Homes, and explained the current listings for this use are considered legal non-conforming uses as long as they are not abandoned per City ordinance, and allowed to continue operating despite actions taken by the City Council tonight. There are about 15 listings.

She highlighted issues the City Council is considering: establishing a definition of Tourist Homes, determining land use allowance (Permitted, Limited Use Permit or Special Use Permit), and determining land use review criteria.

Ms. Cowlin said there has been robust discussion about the issue at the Planning and Zoning Commission, and reviewed the PZC recommendations for Tourist Homes as Limited Uses and Special Uses in certain zoning districts, the number of guests, rental duration, conditions when a permit can be revoked, and ownership (residence was primary residence). The definition of Tourist Homes has been agreed upon and reviewed by legal counsel.

Mayor Haleblian asked if there was public comment on the issue.

Melinda Wolfe, 947 North Shore Drive, spoke in support of short-term rentals. She said they feel that people should be able to use your house as a short-term rental if they want to and earn income from it. She added the sites help for accounting purposes and sometimes the rentals are not only for vacations.

Councilman Philpot said he is familiar with the area of the City that concern developed. He wanted to be clear that he does not want to take up a topic based on people being afraid of someone that looks different than they are. Crystal Lake should be welcoming to everyone.

Councilman Philpot said there are many restrictions being proposed on short-term rentals that are not imposed on Bed and Breakfasts and long-term rentals. He said if we are not looking to have more restrictions on these uses, he does not want to restrict short-term rentals. He said he may meet in the middle on this issue, and thought it does need to be defined.

Councilwoman Ferguson said there are no long-term rental rules specifically, but ordinances are in place (noise, number of people per square feet, parking) to keep things in line. She said adding restrictions are not necessary. People coming here are coming to visit family and local events.

Councilwoman Ferguson agreed with Councilman Philpot that these regulations are not necessary if other uses are not regulated. She is not in favor of regulations at this time.

Councilwoman Brady stated she is not in favor of restrictions on rentals. She said we can collect Hotel Tax on Tourist Homes and is in favor of definition only but no other restrictions.

City Manager Helm explained a definition is needed to allow the City to collect HotellMotel Tax.

Councilman Hopkins said he agrees with the PZC recommendations as amended by staff. He said he would like to get ahead of the issue.

Councilman Hubbard said he would be in favor of adopting limited restrictions. Councilwoman Montford said she agreed with Councilman Hubbard.

Councilman Philpot said how you would regulate a problem property. Councilman Hopkins said hotels are usually not in residential areas.

Councilman Philpot said we have no restrictions on Bed and Breakfasts or boarding houses.

Councilwoman Brady said violations are going on tickets are issued. She asked how the noise violation would be addressed. Chief Black said officers would try to get compliance before citing, but this may also fall under the nuisance ordinance.

Councilwoman Brady said if it is a problem location, people will go on the site and file a complaint. She said the issue would be addressed this way.

Councilwoman Ferguson said the companies have set more stringent regulations to ensure the rentals have high standards.

Councilman Hopkins said regulations are a means to enforce compliance with City codes, i.e. revocation of a permit.

Councilwoman Montford said she would agree with the permit aspect to help with code enforcement.

Councilman Philpot said he would be more concerned with the noise violations etc. from people renting. He asked if the number of violations could be increased.

Councilwoman Brady moved to approve the Planning and Zoning Commission as amended to allow Tourist Homes as a limited use, removing a buffer requirement in single-family residential zoning districts, removing the reference to a specific number of adult and children guests, requiring a minimum of 24 hours for a stay, changing the number of violations to revoke a permit to four and removing the condition that the home be owner-occupied .. Councilman Hubbard seconded the motion. On roll call, all present voted yes, motion passed.

22. Public Hearing for the Annual Budget for the 2023/24 Fiscal Year; and Adoption of the Annual Budget Ordinance, Salary Ordinance, Ordinance amending Section 515, Water and Sewer, of the City Code, and Ordinance Amending Section 241, Fees, of the City Code

Mayor Haleblian opened the Public Hearing for the Annual Budget for the 2023/24 Fiscal Year and asked if anyone in the public wished to speak. No one wished to speak.

Mayor Haleblian closed the Public Hearing.

Councilwoman Brady moved adopt an Ordinance approving and adopting the Annual Budget for the 2023/24 Fiscal Year, the Salary Ordinance for the 2023/24 Fiscal Year, an Ordinance amending Section 515, Water and Sewer, of the City Code, and an Ordinance amending Section 241, Fees, of the City Code. Councilman Philpot seconded the motion On roll call, all present voted yes, motion passed.

Council Inquiries and Requests

Councilman Philpot asked that the dogs be kept in consideration when looking at leashing laws. Fines do not encourage owners to pick-up their dogs from impoundment.

Adjourn

There being no further business, Councilwoman Ferguson moved to adjourn the meeting at 9:45 p.m. Councilwoman Montford seconded the motion. On voice vote, all present voted yes. Motion passed.  

https://ecode360.com/CR2206/document/724736987.pdf