McHenry Times

Village of Cary Board of Trustees met Aug. 27

Here are the minutes provided by the board:

ATTENDANCE

Village Board of Trustees

Mayor Mark Kownick, Trustee Dale Collier, Trustee Rick Dudek, Trustee Ellen McAlpine, Trustee Anthony Stefani, Trustee Rick Walrath, Trustee Jennifer Weinhammer

Others Present

Village Administrator Morimoto, Assistant Village Administrator Sage, Community Development Director Simmons, Public Works Director Noonan, Police Chief Finlon, Village Attorney Uhler

I. Call to Order

The meeting was called to order at 6:00 p.m. by Mayor Kownick.

II. Roll Call

The roll was called and all were present.

III. Pledge of Allegiance

Mayor Kownick led in the recitation of the Pledge of Allegiance.

IV. Open Forum

Dave Gwynn, 321 Bryan Drive, stated since the last Village Board meeting, a traffic study was performed and radar speed signs were placed on Decker Drive in an effort to monitor and reduce driver speed. Mr. Gwynn stated he noticed motorists appeared to be driving slower due to the radar speed signs. Mr. Gwynn stated he met with Chief Finlon, Administrator Morimoto, and Public Works Director Noonan to review the traffic study performed on Decker Drive. Mr. Gwynn stated he appreciates that the Village is working with him to address vehicle speeds on Decker Drive and looks forward to  continuing to find solutions.

Rick Brennan, 804 Montana, stated there are several street lights out on his street, which have been reported to ComEd but not repaired. Mr. Brennan stated he feels the decreased light could increase the danger to motorists turning on to Decker Drive if vehicles are speeding. Mr. Brennan asked if the Village could follow up with ComEd in an effort to get the streetlights repaired.

Assistant Village Administrator Sage stated the Village will follow up with ComEd.

Martha Ritter, 239 N. School Street, does not support the proposed intergovernmental agreement between the Village of Cary and School District 26.

V. Mayor's Report

A. Proclamation - Chamber of Commerce Week, September 9-13, 2024

VI. Consent Agenda

Paula Poston, asked if the Village is able to contact a particular builder in the Cimarron subdivision to address some issues.

Mayor Kownick stated Director Simmons will follow up with her on her concerns.

Christy Wagner, feels the Village did not provide enough transparency regarding the proposed intergovernmental agreement with School District 26. Ms. Wagner expressed disappointment with the School House Apartments on W. Main Street and feels there are issues with some of the exterior finishing.

Tim Tomasello, 324 Bryan Drive, stated Decker Drive is a major through-way street and is concerned about speeding vehicles. Mr. Tomasello feels this poses a danger to residents in the area and would like to see measures taken to address this problem.

Michael Mills, 550 Arthur Drive, feels there wasn't enough transparency regarding the proposed Maplewood plan and is concerned about the potential effects a multi-family development might have on the surrounding area. Mr. Mills does not feel the proposed location for a future bus transportation center off of Three Oaks Road is appropriate due to how busy that area is.

Paul Ingallinera lives down the street from Maplewood and expressed gratitude to the Village and School District 26 for reaching an agreement regarding the Maplewood property.

There being no further comments, Mayor Kownick closed Open Forum at 6:24 p.m.

V. Mayor's Report

Mayor Kownick recognized Sandy Neis, Chairman of the Board of Directors for the Cary-Grove Chamber of Commerce, and thanked her for all her hard work with the Chamber. Mayor Kownick stated the Village is looking forward to co-hosting Cary Main Street Fest with the Chamber of Commerce.

A. Proclamation - Chamber of Commerce Week, September 9-13, 2024

Mayor Kownick proclaimed September 9-13, 2024, as Chamber of Commerce Week in the Village of Cary.

VI. Consent Agenda

Motion:

I will entertain a motion to approve Consent Agenda items A-K as shown on the Village's website and as displayed on the video monitor during the Village Board meeting.

Motion moved by Trustee McAlpine and motion seconded by Trustee Weinhammer.

Motion Passed.

AYES: Collier, Dudek, McAlpine, Stefani, Walrath, Weinhammer

NAYS: None.

A. Consider for Approval the Warrant Dated August 27, 2024

B. Consider for Approval the August 6, 2024, Special Village Board Meeting Minutes

C. Consider for Approval a Resolution Authorizing the Village Administrator to Execute an Amendment to the Agreement for School Crossing Guard Services with Andy Frain Services, Inc. for an Increase in the Hourly Rate Adjustment for School Crossing Guards

D. Consider for Approval a Resolution Authorizing Certain Closed Session Written Meeting Minutes Not for Release and Authorizing the Deputy Village Clerk to Make Certain Closed Session Written Meeting Minutes Available for Public Inspection as Part of the Semi-Annual Review of Closed Session Minutes

E. Consider for Approval a Resolution Approving the Execution of a Lease Agreement Between the Village of Cary and ALL4K9 Cuts and Colors for the Lease of Public Right-of-Way

F. Consider for Approval a "Class F" Temporary Liquor License Permit to the Saints Peter and Paul Catholic Church for a Festival on September 22, 2024

G. Consider for Approval the Appointment of Julie Castetter from Associate Member to Member of the Board of Zoning, Planning and Appeals with a Five-Year Term Expiring on April 30, 2028

H. Consider for Approval a Resolution Awarding a Contract for the 2024 Sanitary Sewer Point Repairs Project to Donegal Services, Inc., Lemont, IL, in an Amount Not to Exceed $42,700.00 and Authorizing the Village Administrator to Approve a 10% Contingency for Unforeseen Changes in Scope for a Total Project Budget of $46,970.00

I. Consider for Approval a Resolution Awarding a Contract for the Screw Pumps Replacements Project to Keno & Sons Construction Company, Lake Bluff, IL, in an Amount Not to Exceed $432,000.00 and Authorizing the Village Administrator to Approve a 10% Contingency for Unforeseen Changes in Scope for a Total Project Budget of $475,200.00

J. Consider for Approval an Ordinance Amending the Village of Cary Municipal Code Title 13 - Water and Sewers, Chapter 13.20 - Pollution Control, Section 13.20.150 - Appeal the Notice of Violation, Section 13.20.160 - Enforcement Measures after Appeal, and 13.20.170 - Cost of Abatement of the Violation

K. Consider for Approval a Resolution of Support for the Rawson Bridge Bikeway Project and Submittal of a Grant Application for Illinois Transportation Enhancement Program Funds

VII. Items for Separate Action

A. Consider for Approval a Resolution Authorizing an Intergovernmental Agreement between the Village of Cary and Cary Consolidated School District No. 26 for the Transfer of the Maplewood Property Subject to Final Attorney Review Village Administrator Morimoto provided an overview of the agreed upon steps to be taken by the Village and the School District as detailed in the proposed intergovernmental agreement (IGA). Administrator Morimoto also provided information regarding bus travel through the immediate surrounding area of the proposed new transportation center location.

Trustee Weinhammer asked Administrator Morimoto if trucks parked on Industrial Drive would impact bus travel.

Administrator Morimoto stated there are options available to address this issue.

Director Simmons provided additional information about the proposed IGA, including details regarding property transfer, purchase, zoning, the use of TIF funds, and other terms of the agreement.

Dave Miller, 65 Northwest Highway, asked why the Village was paying the School District $5.5 million when they were asking $2.75 million for the Maplewood property.

Mayor Kownick stated the Village has offered the use of TIF funds to help offset the relocation cost of the transportation center because it is in the best interest of both the Village and School District 26 Boards, as well as Village of Cary residents.

Administrator Morimoto stated the $5.5 million in TIF assistance granted to the School District is related to compensation for the Maplewood property, which can be utilized for reimbursement for demolition and remediation costs already expended and site preparation for relocating the school transportation center.

Mr. Miller does not support the amount of financial assistance that is proposed for the School District.

Mayor Kownick stated the Village and the School District have worked very hard to come up with a mutually beneficial solution to the issue of development of the Maplewood property. Mayor Kownick stated developers who have previously shown interest in the property where the newly proposed transportation center would be located have stated they would subdivide it because of the back two lots that are near the railroad tracks. Mayor Kownick stated the School District would have the opportunity to utilize those lots for their transportation center and a possible future administration building. Mayor Kownick stated it benefits the community to continue to have top-notch educational systems, which attract both new residents and commercial business. Mayor Kownick feels the proposed IGA addresses the current needs of both the Village and the School District without burdening either party.

Administrator Morimoto stated an added benefit to the agreement is the ability to develop parcels of land that have been vacant for a long time.

Mr. Miller feels the Village has been very transparent throughout the process of coming up with a solution regarding development of the Maplewood property.

Trustee Dudek stated he feels this situation is similar to the Meyer Material property issue, in that the Village encountered resistance and there was some distrust regarding the overall benefit to the residents of the Village of Cary. Trustee Dudek stated the decision by the Board to allow Meyer Materials to continue mining for a bit longer than originally agreed upon ultimately benefitted the Village with the development of Cary Lake at Rotary Park. Trustee Dudek feels it is premature to say that the School District is benefitting more than the Village with the proposed agreement because the full realization of the deal is most likely years away.

Chris Reike, 446 Lloyd Street, asked if there would be an impact to businesses located in the area of the potential future access road to the Maplewood property.

Mayor Kownick stated the Village owns all of the property that would potentially be used for an access road to the Maplewood property and any impacts to

businesses in that area would be limited.

Mr. Reike asked how the boundaries of the TIF district were determined.

Mayor Kownick stated the Village hired a consultant, who provided recommendations based on feedback regarding the goals of a possible TIF district.

Mayor Kownick stated the Maplewood property is a portion of the TIF district.

Tom Bye, 538 Alida, stated he is concerned about the traffic on Industrial Drive.

Administrator Morimoto stated this is something the Village will continue to monitor to ensure the safety of the school buses and all motorists traveling on Industrial Drive.

Mike Mills, 550 Arthur Drive, expressed concern about how the increased traffic of a potential future access road to the Maplewood property might impact nearby homeowners.

Mayor Kownick stated the Village has held public meetings and received feedback from residents in that area in order to develop a plan that includes berms and trees to mitigate the effects a potential future access road.

Mr. Mills believes the residents who live near the entrance to a potential future access road will be negatively impacted by increased traffic.

Administrator Morimoto stated there is currently a Phase 1 engineering study underway for this area to gather as much information as possible before any potential development is undertaken. Administrator Morimoto stated there is a dedicated website, maplewoodaccessroad.info, where residents can view information, sign up for notifications, and leave comments about a potential future access road to the Maplewood property. Administrator Morimoto stated a link to this website can be found on the Village's website.

Mr. Mills asked about closed door meetings and feels there has not been enough transparency regarding the proposed development of the Maplewood property.

Administrator Morimoto stated the Village strives for transparency; however, certain legal parameters require the Village and the School District to conduct some executive session discussions under the allowable exemptions under the Open Meetings Act. Administrator Morimoto provided examples of legal exemptions, such as pending litigation or purchase of property.

Mr. Mills stated the Village should provide reasons for being unable to speak about certain subjects.

Attorney Uhler stated the Village publishes the reasons for entering into executive session.

Trustee Weinhammer stated the reasons for entering into executive session are listed on the agenda.

Trustee McAlpine stated the Board is only allowed to talk in executive session about the items listed on the agenda.

Trustee Weinhammer stated executive sessions are recorded and minutes are taken. Trustee Weinhammer stated periodically these minutes are reviewed for potential release to the public.

Mayor Kownick invited Mr. Mills to schedule a time to meet at Village Hall to review Board processes and procedures.

Dr. Brandon White, Superintendent of School District 26, stated he hopes that this is the beginning of a more collaborative relationship between the School District and the Village. Dr. White stated the intergovernmental agreement will provide immediate benefits to both the School District, as well as taxpayers. Dr. White stated the agreement allows the School District to proceed with needed repairs and safety improvements to some of their buildings. Dr. White thanked Administrator Morimoto, Director Simmons, and Asst. Superintendent of Finance & Operations Shepherd for all of their hard work on the intergovernmental agreement.

Trustee McAlpine stated both the Village Board and School District Board have listened to the feedback of the residents, who have voiced their desire for a resolution to the issue of the Maplewood property. Trustee McAlpine feels the collaboration of the two boards has resulted in a solution that benefits the residents of the Village of Cary.

Trustee Walrath thanked Dr. White and Asst. Superintendent of Finance & Operations Shepherd for their hard work. Trustee Walrath stated these types of decisions aren't easy, but feels this agreement was a great opportunity and both sides will benefit from it.

Trustee Dudek stated the development of the Maplewood property has been one of the biggest projects he has considered in his time as a Board member. Trustee Dudek stated it took a lot of work to bridge the communication between the Village Board and the School District Board, but a meeting he had with one of the school board members helped to clarify some misconceptions on both sides. Trustee Dudek feels the development of the Maplewood property will be something everyone can be proud of.

Mr. Mills stated he feels the opinions of residents who may be impacted by development of the Maplewood property are not being heard.

Trustee Dudek stated when he was speaking to residents in the Maplewood area, more than half stated they were in favor of some sort of development on the property.

Trustee Stefani stated he was very happy the Village Board and the School District Board were able to come to an agreement on the transportation center issue. Trustee Stefani thanked both boards for their collaboration on this project.

Motion:

I will entertain a motion to approve a resolution authorizing an Intergovernmental Agreement between the Village of Cary and Cary Consolidated School District No. 26 for the transfer of the Maplewood property subject to final attorney review.

Motion moved by Trustee Collier and motion seconded by Trustee Stefani.

Motion Passed.

AYES: Collier, Dudek, McAlpine, Stefani, Walrath, Weinhammer

NAYS: None.

ABSTAIN: None.

VIII. Administrator's Report

Village Administrator Morimoto provided an update on the various music and activitiesplanned for Cary Main Street Fest, which takes place on September 28th and 29th.

Trustee Stefani asked about the Cary-Grove High School homecoming parade.

Mayor Kownick stated the homecoming parade will take place on Sunday, September 29th.

Administrator Morimoto provided information regarding the Cary Main Street Fest budget and detour routes.

IX. Department Head Reports

Director Noonan stated the Public Works Water & Sanitation Open House will take place on Tuesday, September 10th from 5:00-7:00 p.m. Director Noonan stated Scott Kuykendall of the McHenry County Water Resources Division will be at the open house with information and exhibits regarding the importance of clean and sustainable water in McHenry County.

Trustee Stefani asked if there will be tractor rides.

Director Noonan stated there will be tractor rides as well as tours of the wastewater treatment plant, a hydrant flushing demonstration, information on upcoming projects, and how water is pumped from the ground to faucets.

Director Simmons stated the new building codes and fees that were approved earlier this summer will go into effect on September 1, 2024.

X. Future Agenda Items and Discussion by Village Board

None

XI. Executive Session:

Litigation: Pending or Imminent, 5 ILCS 120/2(c)(11)

Real Estate: Purchase or Lease (Buy), 5 ILCS 120/2(c)(5)

Real Estate: Setting the Price for Sale/Lease of Village Property, 5 ILCS 120/2(c)(6)

Mayor Kownick and Trustees Collier, Dudek, McAlpine, Stefani, Walrath and Weinhammer entered into Executive Session at 7:58 p.m. Others present included Administrator Morimoto, Assistant Administrator Sage, Community Development Director Simmons, and Village Attorney Uhler.

Motion:

Mayor Kownick entertained a motion to adjourn into Executive Session to discuss Litigation: Pending or Imminent, 5 ILCS 120/2(c)(11), Real Estate: Purchase or Lease (Buy), 5 ILCS 120/2(c)(5), and Real Estate: Setting the Price for Sale/Lease of Village Property, 5 ILCS 120/2(c)(6).

Motion moved by Trustee McAlpine and motion seconded by Trustee Stefani.

Motion Passed.

AYES: Collier, Dudek, McAlpine, Stefani, Walrath, Weinhammer

NAYS: None.

ABSTAIN: None.

Motion:

Mayor Kownick entertained a motion to exit Executive Session at 8:26 p.m.

Motion moved by Trustee Stefani and motion seconded by Trustee McAlpine.

Motion Passed.

AYES: Collier, Dudek, McAlpine, Stefani, Walrath, Weinhammer

NAYS: None.

ABSTAIN: None.

Motion:

XII. Adjourn

There being no further items to discuss, Mayor Kownick entertained a motion to adjourn the meeting at 8:27 p.m.

Motion moved by Trustee McAlpine and motion seconded by Trustee Stefani.

Motion Passed.

AYES: Collier, Dudek, McAlpine, Stefani, Walrath, Weinhammer

NAYS: None.

ABSTAIN: None.

https://www.caryillinois.com/AgendaCenter/ViewFile/Minutes/_08272024-153