Village Board

VILLAGE OF HUNTLEY VILLAGE BOARD March 12, 2020 MEETING MINUTES CALL TO ORDER: A meeting of the Village Board of the Village of Huntley was called to order on Thursday, March 12, 2020 at 7:00 p.m. in the Municipal Complex, Village Board Room, 10987 Main St., Huntley, Illinois 60142. ATTENDANCE: PRESENT: Mayor Charles Sass; Trustees: Ronda Goldman, Tim Hoeft, Niko Kanakaris (arrived at 7:07 pm), Harry Leopold, John Piwko, and JR Westberg. ABSENT: None IN ATTENDANCE: Village Manager David Johnson, Assistant Village Manager Lisa Armour, Management Assistant Barbara Read, Director of Development Services Charles Nordman, Director of Public Works and Engineering Timothy Farrell, Director of Finance Cathy Haley, Human Resources Manager Chrissy Hoover, Chief Robert Porter, and Village Attorney John Cowlin. PLEDGE OF ALLEGIANCE: Mayor Sass led the Pledge of Allegiance. Mayor Sass asked that a motion be made to amend the agenda to move Executive Session up to Agenda Item 5. A MOTION was made to amend the agenda moving Executive Session. MOTION: Trustee Leopold SECOND: Trustee Westberg Voice Vote noted all ayes and the motion carried. INTRODUCTION: a) Officer Josh Prokuski Chief Porter shared Officer Prokuski’s background and education and introduced Officer Prokuski to the Village Board. Officer Prokuski thanked the Village Board and Staff and stated that he was excited to be an officer in Huntley where he grew up. EXECUTIVE SESSION a) Probable or Imminent Litigation and Pending Litigation b) Contractual c) Property Acquisition, Purchase, Sale or Lease of Real Estate d) Appointment, Employment, Dismissal, Compensation, Discipline and Performance of an Employee of the Village of Huntley e) Collective Bargaining f) Appointment, Discipline or Removal of Public Officers g) Appointment of a Public Officer 03.12.20 VB Meeting 1  h) Review of Closed Session Minutes A MOTION was made at 7:04 p.m. to enter into Executive Session for a) Probable or Imminent Litigation and Pending Litigation. MOTION: Trustee Piwko SECOND: Trustee Westberg The Voice Vote noted all Ayes and the motion carried. A MOTION was made a 7:16 p.m. to resume the regular Board Meeting. MOTION: Trustee Leopold SECOND: Trustee Hoeft The Voice Vote noted all Ayes and the motion carried. PUBLIC COMMENTS: Mike Christy, 12960 Crestview Drive, Huntley stated that he wanted to speak about the parking on Sun City Boulevard that was before the Village Board. Mr. Christy stated that there are approximately 650 members of the softball, pickle ball and tennis teams and that in 17 years there were no accidents due to these events and parking on Sun City Blvd. He stated that he believes the best solution is to maintain the status quo. If the proposed changes take place, it will be difficult to drivers to maneuver in that area as the parking will be allowed only in a small area of Sun City Blvd. He stated that people will make u- turns in that area to get to the parking spaces and that people will park more on the residential streets. Mr. Christy stated that he believes that the proposed changes will lead to additional problems. Mr. Christy stated that for participant to park at the Prairie View Lodge would mean that they would have to cross five lanes of traffic at the intersection with no traffic controls. Vito Benigno, 12867 Norfolk Drive, Huntley stated that he also wanted to speak about the parking on Sun City Boulevard. He stated that the current parking set up has been the situation from the start of Sun City and as it is there are no traffic or safety issues. He asked that the Village delay the change and allow them to look at other methods. Chuck Hund, 12953 Willow Creek, Huntley stated that he was the President of Sun City Softball League and stated that the softball games are a major source of entertainment for the residents. Mr. Hund stated that the elderly fans could not walk long distances from parking. Jill Hoffman, 13581 Windy Prairie, Huntley stated that she wanted to speak regarding the rezoning of the open space on the agenda. Ms. Hoffman stated that her concerns are with flooding as they have had flooding issues in the past which may be undone with construction. She also stated her concerns with noise pollution with the construction and also stated that the purchaser should be known before rezoning is allowed. Ms. Hoffman stated that she purchased her property because of the open space and it should remain open space. Duane Fontana, 12702 Muir Drive, Huntley, spoke regarding the proposed parking on Sun City Boulevard. Mr. Fontana stated that he echoed the parking concerns as already noted. He stated that Pickle Ball and Tennis bring 57 players at the same time and making people park and cross from Valley View Lodge would not be safe. Mr. Fontana stated that “if it ain’t broke don’t fix it”. Nancy Cihlar, 13541 Windy Prairie Drive, Huntley stated that her home backs up to the property with the proposed rezoning and stated that when she purchased her property she was told it was open space. 03.12.20 VB Meeting 2 Ms. Cihlar stated that rezoning the property will decrease their property values and cause unsightly views. Ms. Cihlar stated that if rezoning it could have retail and retail businesses are not popular and they could remain empty. Ms. Cihlar asked that the Village not rezone without an actual plan from the property owner. Ron Simons, 13606 Windy Prairie Drive, Huntley stated that when he bought his home it was zoned open space. Mr. Simons stated that the current berm does not keep the water out now and with building construction on Parcels 4, 7, and 8 the water will not be absorbed. Mr. Simons also stated that he is concerned with trucks delivery and lights. ITEMS FOR DISCUSSION AND CONSIDERATION: a) Consideration – Approval of the February 13, 2020 Village Board, February 27, 2020 Village Board, and February 27, 2020 Liquor Commission Hearing Minutes Mayor Sass reported that Trustees Hoeft, Kanakaris and Leopold were absent from the February 13th meeting and Trustees Kanakaris and Piwko were absent from the February 27th meetings. Mayor Sass asked if the Village Board had any comments or changes; there were none. A MOTION was made to approve the February 13, 2020 Village Board Meeting Minutes. MOTION: Trustee Piwko SECOND: Trustee Leopold AYES: Trustees: Goldman, Piwko, and Westberg Mayor Sass NAYS: None ABSENT: Trustees: Hoeft, Kanakaris, and Leopold The motion carried: 4-0-3 A MOTION was made to approve the February 27, 2020 Village Board and February 27, 2020 Liquor Commission Hearing Minutes. MOTION: Trustee Leopold SECOND: Trustee Westberg AYES: Trustees: Goldman, Hoeft, Leopold, and Westberg NAYS: None ABSENT: Trustees: Kanakaris and Piwko The motion carried: 4-0-2 b) Consideration – Approval of the March 12, 2020 Bill List in the amount of $381,496.62 Mayor Sass reported that $75,230.11 of the bill list expenditures was from the FY19 Budget and the remaining $306,266.51 was from the FY20 Budget. $146,141.86 (or 38.3%) of the total bill list is attributable to the payment of Sales Tax Rebate to Huntley Tax Holdings, LLC ($71,141.86) and the Business Development Incentive Agreement payment to JayDev Brew, Inc. d/b/a More Brewing Co. ($75,000.00). Mayor Sass asked if the Village Board had any comments or questions; there were none. A MOTION was made to approve the March 12, 2020 Bill List in the amount of $381,496.62. 03.12.20 VB Meeting 3  MOTION: Trustee Westberg SECOND: Trustee Goldman AYES: Trustees: Goldman, Hoeft, Kanakaris, Leopold, Piwko, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 c) Policy Direction – Parking on Sun City Boulevard and in Sun City Neighborhood 5 Chief Robert Porter reported that parking on Sun City Boulevard in the vicinity of the Eakin Ball Field and the Tall Oaks Tennis Court areas has become an issue. Both of these venues are heavily used from mid-spring through early fall. Staff has met with league officials from both of these facilities and learned some brief background regarding the popularity of these locations. Currently, Eakin Field hosts approximately 245 players across three leagues that run six days a week. The players are residents of Huntley/Sun City and many of these events include spectators as well. Eakin Field is also host to major events such as the annual Veteran’s day game and Police/Fire softball game on National Night Out. The Tennis Courts host approximately 203 pickle ball players and 213 tennis players in their leagues. These participants are also Huntley/Sun City residents. The current pavement markings and signage on the roadway do not allow for parking along Sun City Boulevard at any location. The 2006 approval for the expansion of the tennis court area acknowledged that the off-street parking provided in the parking lot did not provide the required spaces and that overflow parking is to take place in the Prairie Lodge parking lot. However, parking is allowed in Sun City Neighborhood 5 (NH5) consisting of Drendel Road and Shirley Lane. As parking is currently not restricted on these streets, cars are often parked on both sides of Drendel Road and Shirley Lane in the vicinity of the Tall Oaks Tennis Court. This item was originally discussed by the Village Board on July 11, 2019. There was a general consensus of the Village Board to reinforce the overflow parking for the tennis courts to park at the Prairie Lodge and have CAM install larger signs directing the overflow parking. Staff was directed to meet with CAM as well as representatives from the pickle ball and tennis clubs. As for the softball field parking issue, there was a general consensus to address the situation prior to the 2020 softball season. Staff Analysis Staff has worked with CBBEL to identify a pavement marking and signage plan that would provide for an area of parking near the softball field and tennis/pickle ball courts on Sun City Boulevard. The plan includes pavement markings and signage identifying a 9-foot wide parking lane on the north side of Sun City Boulevard commencing approximately 80 feet west of Del Webb Boulevard for approximately 2,800 feet to about 55 feet east of Crestview Drive. The westbound traffic would consist of one 15-foot wide lane through the parking area and then resuming with dual 12-foot wide through lanes to Countryview Boulevard. This would provide for approximately 81 on-street parking spaces on the north side of the road. The south side of Sun City Boulevard would remain dual 12-foot wide lanes for eastbound traffic. From a public safety perspective, this appears to be the most viable option for Sun City Boulevard. An option is also presented to restrict parking on the north side of Drendel Road and the west side of Shirley Lane in the vicinity of the tennis/pickle ball courts. Staff has received complaints from various residents in this area pertaining to on-street parking for those utilizing the Tall Oaks Tennis Courts. Concerns have been expressed by at least one resident that Fire Department equipment may have a 03.12.20 VB Meeting 4 difficult time getting through if vehicles are parked on both sides of the street. If additional on-street parking is made available on Sun City Boulevard, it may help to minimize on-street parking on Drendel Road and Shirley Lane. Staff has met with representatives from Sun City’s Community Association Management Team who are familiar with the parking concerns expressed at both locations. CAM is considering additional signage and possible landscaping changes to encourage tennis court participants to utilize the Prairie Lodge Parking Lot for over-flow parking. An additional parking facility north of Eakin Field does not appear feasible at this point due to numerous site constraints, including the location of the Sun City Lift Station as well as drainage issues. Financial Impact The estimated cost to revise pavement markings and install signage along a section of the roadway to accommodate on-street parking is approximately $3,000. Mayor Sass asked if the Village Board had any comments or questions. Trustee Leopold stated that in July of 2019 a resident complained about the traffic situation in that area and once that was brought to the Village’s attention, we have to respond. Trustee Leopold stated that the CAM Board is not willing to do anything to rectify the situation so it is prudent to follow the proposal. Trustee Goldman asked for clarification that there will be no parking on the south side of Sun City Blvd.; Chief Porter stated that was correct. Trustee Goldman stated that the residents of Neighborhood 5 do not want parking on both sides of their residential streets so it will not block emergency vehicles from getting through. Trustee Goldman stated that she would prefer to leave things status quo. Mayor Sass stated that the status quo is not legal as parking is not allowed on Sun City Blvd. Trustee Goldman stated that parking should be allowed on one side only then. Trustee Westberg stated that the Village should try adding and striping the spaces on one side of the street. Trustee Westberg asked if the leagues could coordinate their schedules so there would not be so many people there at the same time. Trustee Westberg stated that this is a CAM issue. Trustee Leopold stated that the proposed will not change the parking situation but that it will just make it legal. It was the consensus of the Village Board to revise the pavement markings on the north side of Sun City Boulevard to allow on-street parking on a section of the roadway generally between Del Webb Boulevard and Crestview Drive and to restrict parking on the north side of Drendel Road and the west side of Shirley Lane in the vicinity of the tennis/pickle ball courts. d) Discussion – Historic Preservation Commission Request to Begin the Formal Review Process to Designate the Village’s Town Square a Certified Landmark Director of Development Services Charles Nordman reported that the Historic Preservation Commission is requesting consensus from the Village Board to conduct a public hearing to designate 03.12.20 VB Meeting 5 the Village’s Town Square a Certified Landmark (“Landmark”) in accordance with Chapter 151 Historic Preservation of the Village of Huntley Code. If designated a Landmark, any proposed changes to the Town Square would require a Certificate of Appropriateness in accordance with Section 159.050 of the Historic Preservation Ordinance. A Certificate of Appropriateness requires a public hearing before the Historic Preservation Commission. Director Nordman reported that representatives from the Historic Preservation Commission was in attendance to answer questions. Mayor Sass asked if the Village Board had any comments or questions. Trustee Leopold stated that the Village has done many improvements to the Square and should not give up control. Mayor Sass stated that he agreed with Trustee Leopold and the Village has done a good job. Trustee Hoeft stated that he agreed. Donna Britton, Chairperson of the Historic Preservation Commission stated that the Commission would like to Landmark the Square to honor Thomas Stillwell Huntley. Trustee Hoeft stated that he would agree with the landmarking if the property was not owned by the Village and could be developed but it is owned by the Village and can’t be developed. Trustee Westberg asked Ms. Britton if replacing the trees would need to go before the Historic Preservation Commission; Ms. Britton stated that it would. A MOTION was made to authorize the Historic Preservation Commission to begin the formal review process to designate the Village’s Town Square a Certified Landmark. MOTION: Trustee Leopold SECOND: Trustee Kanakaris AYES: None NAYS: Trustees: Goldman, Hoeft, Kanakaris, Leopold, Piwko, and Westberg ABSENT: None The motion failed: 0-6-0 e) Consideration – An Ordinance Approving Site Plan Review, including any necessary relief, for a ±4,800 square foot warehouse addition for Plumbing Systems and Repair Inc., 11714 Powder Park Drive Director of Development Services Charles Nordman reviewed a Power Point presentation and reported that Plumbing Systems and Repair is located at 11714 Powder Park Drive in the “M” Manufacturing District. The company deals directly with residential homebuilders (all new construction) throughout the suburban Chicago market. Plumbing Systems and Repair currently occupies approximately 6,800 square feet of the building and leases approximately 3,000 square feet of warehouse space to Applied Ecological. Both businesses utilize the outdoor area to store equipment (mostly in shipping containers) and vandalism has become a problem due to the property’s lack of visibility from adjacent roadways. The proposed warehouse addition will allow the businesses to store their equipment inside the building. 03.12.20 VB Meeting 6 The building’s previous owner, Abitua Plumbing, constructed a 6,000 square feet warehouse addition in 2002. The plans submitted for permit at that time indicated a “future expansion” of the building; however, detailed plans for the expansion were not provided and the Village “future expansion” never formally approved the expansion plans. Site Plan Review The proposed ±4,800 square foot warehouse addition will extend north 80-feet from the existing warehouse building and include two (2) additional overhead doors, and two entry doors on the west elevation. The new addition will reduce the rear setback adjacent to the north lot line to ±5 feet. The zoning ordinance requires “M” Manufacturing zoned parcels that abut residential zoning districts to maintain a 30-foot rear setback, requiring relief for a 5-foot setback. Stormwater management for the addition is accommodated in the existing detention basin located to the east of the building. Parking The existing parking lot provides 19 spaces. This includes six spaces in front (south) of the office space, 11 west of the existing warehouse space, and two on the east side of the building. There is one handicap space provided. Plumbing Systems has two employees, and Applied Ecological has approximately six to eight employees who park at the location during the day. Both businesses state they do not have clients or customers who visit them and believe the existing 19 spaces will remain adequate. The proposed and required parking for the existing facility and warehouse addition is as follows: REQUIRED RATIO SQUARE FOOTAGE REQUIRED OFFICE - EXISTING 4.0 / 1,000 SQ. FT. 3,800 16 WAREHOUSE - EXISTING 1.0 / 1,000 SQ. FT. 6,000 6 WAREHOUSE - ADDITION 1.0 / 1,000 SQ. FT. 4,800 5 TOTAL REQUIRED 27 TOTAL PROVIDED 19 RELIEF REQUIRED 8 Plumbing Systems does not propose to add any additional parking spaces and will require relief for eight spaces. In addition, they are requesting to continue the use of the gravel lot located to the north of the paved parking lot (adjacent to new warehouse). The Zoning Code (Section 156.106 (C) (5)(a)) does not allow the use of gravel, thus requiring relief to allow the continued use of the gravel lot (Staff notes, the parking area utilized by employees is a paved lot as required by the Code). Building Elevations The proposed addition will utilize the same prefinished metal wall panels, and metal roof panels to match the existing facility. Required Relief The proposed site plan requires the following relief: 1. Section 156.045(C)(3) of the Zoning Code requires a setback of 30 feet adjacent to a residential zoning district. The property to the north of the subject site is zoned “RE-1” Residential Estate, therefore, requiring the building to be setback 30 feet from the north lot 03.12.20 VB Meeting 7  line. The petitioner is proposing to provide a building setback of ±5 feet, requiring relief of ±25 feet. 2. Relief for eight parking spaces as required by Zoning Code, Section 156.106 (H). 3. Relief from the Zoning Code Section 156.106 (C) (5)(a) requiring asphalt parking lot. Plan Commission Recommendation The Plan Commission reviewed the petitioner’s request on February 24, 2020 and, with no members of the public offering comments in favor or opposition to the request, recommended approval of the petition by a vote of 5 to 0, subject to the following conditions: 1. All public improvements and site development must occur in full compliance with the submitted plans (see list of exhibits) and all other applicable Village Municipal Services (Engineering, Public Works, Planning and Building) site design standards, practices and permit requirements. 2. The petitioner will comply with all final engineering revisions to be approved by the Village Engineer and Development Services Department. 3. The Village of Huntley will require adherence to Illinois drainage law and best management practices for stormwater management. 4. The petitioner is required to meet all development requirements of the Huntley Fire Protection District. 5. Upon issuance of the final certificate of occupancy, the petitioner shall be required to move all outside equipment to the interior of warehouse, and all other remaining outdoor materials and debris shall be removed from the property. 6. No building permits are approved as part of this submittal. 7. No sign permits are approved as part of this submittal. Strategic Plan Priority The 2016-2020 Strategic Plan identifies “Promote New Business Development, Retention, and Expansion” as a Strategic Priority, and “Attract and Retain Businesses to Enhance Tax Base and Create New Jobs” as a goal, and “Improve Appearance of Public and Private Properties” as a goal. Legal Analysis The required public hearing was conducted by the Plan Commission prior to forwarding to the Village Board for approval. Director Nordman reported that a representative of the petition was in attendance to answer questions. Mayor Sass asked if the Village Board had any comments or questions. Trustee Leopold asked if the storage containers will be removed at the completion of the addition constructions. Kathy Steward, owner of Plumbing Systems and Repair stated that they would be removed. Mayor Sass stated that the gravel area should be blacktopped as that is what is required of other businesses. Ms. Stewart stated that Ecological Systems’ equipment is so large that it breaks up the pavement and the area is not used for parking. Trustee Kanakaris stated that a condition be added that within two (2) years the gravel area is to be covered with blacktop. 03.12.20 VB Meeting 8 Trustee Hoeft told Ms. Stewart that a thick coating of asphalt will not break up as easily and asked Ms. Stewart if they could have it blacktopped within two (2) years; Ms. Stewart stated that they could have it completed in two (2) years. There were no other comments or questions. A MOTION was made to approve an Ordinance Approving Site Plan Review, including any necessary relief, for a ±4,800 square foot warehouse addition and blacktop the gravel area within two (2) years for Plumbing Systems and Repair, Inc., 11714 Powder Park Drive. MOTION: Trustee Kanakaris SECOND: Trustee Hoeft AYES: Trustees: Goldman, Hoeft, Kanakaris, Leopold, Piwko, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 Trustee Goldman left the Board Room at 8:18 p.m. f) Consideration – An Ordinance Granting Relief for an Additional Ground Sign for Advocate Medical Group, 13900 Quality Drive Director of Development Services Charles Nordman reviewed a Power Point presentation and reported that on August 11, 2016, the Village Board approved the final plat of subdivision and site plan for Advocate Medical Group’s ±18,102 square foot medical office building located at 13900 Quality Drive in the “O” Office District. At the time of review, Advocate’s proposed signage included three (3) wall signs and one (1) ground sign. The approved ground sign was proposed and ultimately constructed at the Quality Drive entrance to the lot. Since the construction of the medical office building, the petitioner states they have heard feedback from many patients that they have had difficulty in finding the building on Quality Drive. Advocate Medical Group is currently seeking to resolve this issue by adding an additional ground sign in an area of the site that is visible from the Route 47 corridor. Staff Analysis Advocate proposes to construct a second monument sign at the southeast corner of their property, providing visibility from Route 47 and the I-90 westbound on-ramp. The Advocate Outpatient Center sign face measures 40.77 square feet and is wrapped in brick, with a stone base to match building materials and the existing monument sign. In an effort to further increase visibility, the monument sign also includes Advocate’s “star” logo at the top of a 21’-10 ¾” tall painted (white) metal column. Advocate’s star logo is considered a sign face which measures 10.56 square feet. The total proposed sign face square footage for the monument sign is 51.33 square feet. The Sign Regulations allow for one ground sign, with the total square footage not to exceed 80 square feet, and a maximum of 15-feet in height. Relief from the Village Board will be required to allow for one additional ground sign at a height of 21’ 10 ¾” tall. The main sign face as well as the white portion of the star logo will be illuminated. 03.12.20 VB Meeting 9  Amount Relief Proposed Allowed Required Proposed total # ground signs on property 2 1 1 additional ground sign Total square footage of sign area 51.33 SF 80 SF None Height of sign 21’-10 ¾” H 15’ H 6’-10 ¾” H In accordance with the Village’s Sign Regulations, the petitioner will be required to submit a landscaping plan for the area surrounding the base of the sign. The required landscaped area shall consist of plantings such as, but not limited to, hedges, conifers, flowering plants, evergreens, and ground cover plants. Staff recommends the following conditions be applied should the Village Board approve the relief for the sign: 1) A landscaping plan for the area surrounding the base of the sign must be submitted and approved by Village staff 2) The sign shall be set back no less than 10-feet from the property line 3) No sign permits are approved as part of this submittal. Sign permits must be applied for with the Development Services Department. Director Nordman reported that a representative of the Petition was in attendance to answer questions. Mayor Sass asked if the Village Board had any comments or questions; there were none. A MOTION was made to approve an Ordinance Granting Relief for an Additional Ground Sign for Advocate Medical Group, 13900 Quality Drive. MOTION: Trustee Kanakaris SECOND: Trustee Westberg AYES: Trustees: Hoeft, Kanakaris, Leopold, Piwko, and Westberg NAYS: None ABSENT: Trustee Goldman The motion carried: 5-0-1 Trustee Goldman returned at 8:20 p.m. g) Consideration – An Ordinance Approving (i) an Amendment to the I-90 / IL 47 Gateway Plan of the Comprehensive Plan to accommodate Business Park and Flex Space and Commercial, as required; and (ii) a Zoning Map Amendment to Rezone Property at the Northeast Corner of Route 47 and Freeman Road from “C-2” Regional Retail District to “BP” Business Park District; and Rezone Property at the Northwest Corner of Route 47 and Jim Dhamer Drive from “O” Corporate Office District and “P” Park and Open Space District to “BP” Business Park District and “C-2” Regional Retail District Director of Development Services Charles Nordman reviewed a Power Point presentation and reported that the petitioner, Huntley Development Limited Partnership (“HDLP”), is requesting to rezone several properties it owns surrounding the intersection of Route 47 and Jim Dhamer Drive/Freeman Road. In doing so, the requested rezonings necessitate an amendment to the I-90/IL 47 Gateway Plan that was approved by the Village Board on December 21, 2017 because the proposed land uses differ from the 03.12.20 VB Meeting 10 land uses identified in the Gateway Plan. The petitioner is not presenting plans to develop the properties at this time, nor is there a potential developer or user for the properties. Any future plan to develop the properties will require a developer/user to submit a Development Application requesting, at a minimum, to subdivide the property and site plan review. A special use permit may also be required dependent on the proposed use. As the petitioner states in their Development Application, they expect that rezoning the property at this time “will make the property more marketable for development…” The petitioner was previously considering the relocation of Eakin Creek on the west side of Rt. 47, which bisects the property, but is no longer proposing to relocate the creek. Staff Analysis AMENDMENT OF I-90/IL 47 GATEWAY PLAN The subject properties are included as part of the I-90/IL 47 Gateway Plan that was approved by the Village Board on December 21, 2017. The Land Use and Development Framework identifies desired future land uses for the I-90/IL 47 Gateway and provides a framework for guiding future planning decisions. The Land Use and Development Framework seeks “to promote balanced growth in an economically sustainable manner, while preserving and enhancing the area’s natural features”. Northwest of Route 47 and Jim Dhamer The petitioner is requesting an amendment to the I- 90/IL 47 Gateway Plan for the approximately ±58.10 acres near the northwest corner of Route 47 and Jim Dhamer Drive. The amendment would identify a ±8.1 acres to Mixed majority of the ±58.10 acres as Business Park and Flex Commercial Space to support the requested rezoning to “BP” ±44.5 acres to Business Park. The frontage of Route 47 would be Business Park & Flex Space changed to Mixed Commercial to support the requested rezoning to “C-2” Regional Retail. The plan currently identifies the subject property as Medical Care/Office and Open Space/Wetland Conservation. The Medical Care/Office designation currently identified for the property is defined as follows: Medical Care/Office: The Medical Care/Office land use should consist of small-scale medical offices and complementary commercial uses, such as daycares and restaurants. These areas act as a supportive district for the Health Care District in NE Huntley to serve nearby residents, such as those of Sun City and the Alden senior housing development on Regency Parkway. The proposed amendment would change the land use designation to Business Park and Flex Space and Mixed Commercial, which are defined by the plan as follows: Business Park & Flex Space: The western portion of the I-90/IL 47 Gateway along Jim Dhamer Drive contains many undeveloped properties along with several newly constructed office and light industrial developments. This area should be prioritized for business park and flex space development, with areas adjacent to Route 47 developed as offices, to utilize the area’s convenient access to I-90 and Route 47, and to provide high-quality job opportunities for 03.12.20 VB Meeting 11  residents and others in the region. Additional opportunity sites include the Stade property north of Freeman Road, which should be developed as Business Park. Mixed Commercial: The area just northeast of the I-90 interchange contains development-ready sites and vacant buildings surrounding auto-oriented commercial uses, including auto and RV dealerships, and the vacant outlet mall. Opportunity sites for Mixed Commercial development include the auto mall and vacant outlet mall. These areas should be targeted for a mix of commercial development that serve as a regional draw, such as general retailers, sporting goods stores, restaurants, and service uses. Northeast of Route 47 and Freeman Road The petitioner is requesting to amend the I-90/IL 47 Gateway Plan for approximately ±38 acres near the northeast corner of Route 47 and Freeman Road. The ±38 acre parcel(s) are located immediately south of the Village Green shopping center, but does not include the property fronting Route 47 or the property fronting Freeman Road. The property fronting Route 47 and Freeman Road would remain as Corridor Commercial and Mixed Commercial as identified in the plan. The ±38 acre parcel(s) are currently identified as Corridor Commercial (north ±20 acres) and Mixed Commercial (south ±18 acres). The petitioner is requesting to amend the I-90/IL 47 Gateway Plan to change the land use to Business Park and Flex Space (see above description) for the entire ±38 acres. The existing land uses identified for the ±38 acre parcel(s) are defined as follows: ±38 acres to Business Park and Flex Space Corridor Commercial (north ±20 acres adjacent to the Village Green retail development): Areas along Route 47 north of Freeman Road are comprised of development-ready sites with much of the infrastructure already in place. These areas should be targeted for Corridor Commercial uses, which would leverage visibility and traffic volume, while establishing Route 47 as Huntley’s primary gateway. As new development occurs here, the Village should consider working with developers to encourage a diverse mix of development to ensure continued growth and development in the area. Mixed Commercial (south ±18 acres): The area just northeast of the I-90 interchange contains development-ready sites and vacant buildings surrounding auto-oriented commercial uses, including auto and RV dealerships, and the vacant outlet mall. Opportunity sites for Mixed Commercial development include the auto mall and vacant outlet mall. These areas should be targeted for a mix of commercial development that serve as a regional draw, such as general retailers, sporting goods stores, restaurants, and service uses. REZONING Northwest Corner of Route 47 and Jim Dhamer Drive The proposal by HDLP would eliminate the “O” Corporate Office zoning at the northwest corner of Route 47 and Jim Dhamer Drive and replace it with “BP” Business Park (±44.46 acres) and “C-2” 03.12.20 VB Meeting 12 Regional Retail (±8.1 acres). The proposed rezoning would also reduce the amount of “P” Parks and Open Space zoned property by 1.963 acres (net) and reduce the width of “P” zoned buffer that currently exists along the southern edge of Sun City Neighborhood 32B. At the narrowest point, the “C-2” zoned land would be approximately 228 feet from the back of houses in Neighborhood 32B to the “C-2” zoned land. Staff notes, the petitioner was previously considering the relocation of Eakin Creek, which bisects the property, but is no longer proposing the relocation as part of the current petition. Northeast of Route 47 and Freeman Road The proposed rezoning would replace ±38 acres of “C-2” Regional Retail zoned property near the northeast corner of Route 47 and Freeman Road with “BP” Business Park. The currently zoned “C-2” Regional Retail and was originally planned to be an extension of the Village Green retail property. The Route 47 and Freeman Road frontages (±22 acres) of the property would remain as “C-2” in accordance with the proposed Zoning Plat. Existing and Proposed Zoning Districts The following are the permitted and special uses allowed in the existing and proposed zoning districts. Existing Zoning at the Northwest Corner of Route 47 and Jim Dhamer Drive: “O” Corporate Office Zoning The “O” Corporate Office District is intended to accommodate either single user developments or "campus" style multi-user developments: (1) Permitted Uses. AGRICULTURAL BUSINESS - Open space, park and greenways COMMERCIAL RECREATION - Golf course and country club, Health club or gymnasium FINANCIAL - Bank, Credit union, Savings and loan association - excluding drive-through establishments HEALTH CARE - Child care (center), Health care facilities including Professional doctor office or clinic, Research, development and laboratories. PERSONAL SERVICES - Hotel, Service industries OFFICE - Administrative, professional general business and medical offices (also see HEALTH CARE) PUBLIC FACILITIES - Government offices & services PUBLIC RECREATION - Indoor recreation (gymnasium) TRANSPORTATION - Parking structures (not to exceed 5 stories above grade level) (2) Special Uses. HEALTH CARE - Age restricted congregate care/living facilities, Assisted living facilities, Long term care facilities, Nursing homes Existing Zoning Near the Northwest Corner of Route 47 and Jim Dhamer Road: “P” Park and Open Space Land is designated as Park and Open Space (P) to maintain select existing physical features for general public use and enjoyment as passive and active recreational areas. There are a number of components which are contained within the Park and Open Space District. These include: public and private parks, wetlands, lakes, ponds, creeks, drainageways, golf courses, greenways, pedestrian pavements and landscape zones. The standards and guidelines described in the following paragraphs will guide development for the Park and Open Space Districts within the village. 03.12.20 VB Meeting 13  (A) Permitted Uses. AGRICULTURAL BUSINESS – Open space, park and greenways COMMERCIAL RECREATION – Golf courses and recreational facilities Proposed Zoning at the Northwest Corner of Route 47 and Jim Dhamer Drive and Near the Northeast Corner of Route 47 and Freeman Road: “BP” Business Park District The “BP” Business Park District is established to provide locations for sizeable commercial, office, institutional, and light manufacturing, as well as the smaller commercial and service uses on which they rely. The “BP” district would also allow requests for Special Use Permits for warehousing, storage, and distribution. The following is a complete list of Permitted and Special Uses in the “BP” Business Park: Permitted Uses. (1) Offices (a) Call Centers (b) Offices: Administrative, business, professional, governmental, and medical (c) Data processing and computer center, including service and maintenance (d) Newspaper or publisher (2) Institutional and Educational Uses (a) College, university or junior college (b) Conference centers (c) Medical Laboratories (d) Philanthropic and charitable institutions (e) Schools - business, corporate training, data processing or electronics. (f) Schools (art, dancing, dramatic, music) (3) Commercial/Retail Uses (a) Office equipment & supplier sale (b) Radio and television studio (w/o tower) (c) Floor covering sales (d) Furniture sales (new) (e) Hotel (f) Microbrewery, winery (4) Business Park Uses: (a) Food processing and handling (b) Laboratories, offices and other facilities for research testing, data analysis and development (c) Light manufacturing (d) Printing and publishing (e) Product research and development Special Uses. Upon recommendation by the Plan Commission after public hearing on a petition pertaining thereto, in accordance with the requirements set forth for such hearing in Article VII of this Ordinance. (1) Commercial/Retail Uses (a) Building, electrical and construction material sales (no outside storage) (b) Depository and non-depository credit institutions and banks (c) Gas/service stations (not including truck stop) (d) Restaurants, including alcohol sales and service, excluding drive-in or drive- through service 03.12.20 VB Meeting 14  (2) Office/Business Park uses: (a) Data Center (b) Day Care Center (c) Heliports (d) Hospitals (e) Planned Unit Developments in accordance with the applicable provisions of the Zoning Ordinance (f) Storage and distribution of bulk commodities (g) Warehousing, storage and distribution (f) Self-Storage (3) Retail-Automotive Uses (a) Boat sales (b) Recreational vehicles, ATV’s, or other similar uses (c) Motorcycle showroom and service (d) Truck sales (new) (4) Retail-Commercial Recreation Uses (a) Amusement and family entertainment establishments, (indoor or outdoor) (b) Aquatic parks (c) Golf course, driving range, and miniature golf (d) Ice centers (indoor or outdoor), roller rink (indoor) (e) Motion picture theater (f) Athletic fields (baseball, softball, football, cricket, lacrosse, soccer, etc.) (indoor or outdoor) (g) Stadiums (outdoor and enclosed) (h) Swimming pool (indoor, private club) (i) Health, tennis, racquetball, recreation clubs, and spa or day spa (j) Theater (enclosed) Existing Zoning Near the Northeast Corner of Route 47 and Freeman Road and Proposed at the Northwest Corner of Route 47 and Jim Dhamer Drive: “C-2” Regional Retail District The C-2 Regional Retail District is for larger retail developments. Typically, the Regional Retail District is intended for uses which, because of their size or nature of operation, generate higher volumes of vehicular or truck traffic. This category is not normally associated with the day-to-day shopping needs of local residents. (1) Permitted Uses. FARMING - Nursery, Wayside stands AGRICULTURAL BUSINESS - Feed and grain sales, Greenhouse (commercial), Seasonal sale of local farm products, Veterinary clinic AUTOMOTIVE - Agricultural implement sales and service, Ambulance service and garage, Automotive rental, Automobile sales (showroom)/used car sales component, Boat sales, Motorcycle showroom and service, Truck sales (new) COMMERCIAL RECREATION - Baseball field & batting cages, Billiard parlor, Boat launching ramp and/or marina (for non-motorized or less than 10 h.p. craft), Boat rental and storage, Bowling alley, Game room, Golf course and driving range, Health club or gymnasium, Indoor rifle/pistol shooting range, Miniature golf, Motion picture theater, Park, Rink (roller, skating or skateboard), Soccer field, Swimming pool (indoor, private club), Tennis/Racquetball club (private), 03.12.20 VB Meeting 15  Theater (enclosed) COMMERCIAL SERVICE - Advertising agency, Appliance service only, Blueprint (incl’g. photostat and copy shop), Business machine repair, Exterminating and fumigating, Furniture repair and refurbishing, Newspaper or publisher, Office equipment & supplier sale, Radio and television studio (w/o tower), Real estate office, Stenographic service CONSTRUCTION - Electrical equip. sales/fixtures, Plumbing supplies & fixture sale, Pump sales EDUCATION - Art, charm, dancing, dramatic/music schools, College, university or junior college, Commercial or trade school (other school offer training), School for mentally or physically handicapped FINANCIAL - Bank, Credit union, Savings and loan association - excluding drive-through establishments FOOD SERVICE - Carry-out food service, Catering service, Drive-thru food service, Ice cream shop, Restaurant, Soft drink stand HEALTH CARE - Medical laboratory, Professional doctor office or clinic INDUSTRIAL SERVICE - Mirror & glass supply & refinish, Upholstery shop OFFICE - Bookkeeping service, Corporate headquarters, Detective agency, Employment office, Engineering office, Income tax service, Insurance office/agency, Professional offices (also see: Public uses – HEALTH CARE), Office for executive or administrative purposes, Public accountant, Stockbroker, Ticket office, Title company, Travel agency, Utility office PERSONAL SERVICES - Barber shop, Beauty shop, Catalog sales office, Clothes (pressing and repair), Day spa, Dressmaker or seamstress, Funeral home (mortuary), Hotel/Motel, Laundry, cleaning & dying-retail, Locksmith, Photography, Reading room, Shoe and hat repair, Tailor, Taxidermist, Weaving & mending (custom) RETAIL - Antique sales, Appliance sales, Art gallery-art studio sales, Art supply store, Auto accessory store, Bakery, Bicycle shop, Bookstore, Camera shop, Cigar, cigarette & tobacco store, Clothing store, Craft studio, Department store, Drug store, Fish market-retail, Floor covering sales, Florist sales, Fruit & vegetable market—retail, Furniture sales (new), Gift shop, Grocery shop (convenience center), Grocery store (retail), Hardware store (retail), Health food store, Hearing aid store , Household furnishings shop, Jewelry (retail), Leather goods, Liquor store, Magazine & newsstand, Meat market, Music, instrument & record store, Paint & wallpaper store, Pet shop, Picture frame shop, Souvenir (curio shop), Sporting goods, Stationery store, Swimming pool & assoc. fixtures, Toy store, Typewriter sales, Upholstery shop, Watch, clock (sales & repair) PUBLIC FACILITIES - Armory, Government offices & services, Library, Museum PUBLIC RECREATION - Sports arena, Stadium TRANSPORTATION - Heliport (2) Special Uses. FARMING - Grass or sod farm, Orchard AGRICULTURAL BUSINESS - Dairy farm, Kennel/boarding, Stable (boarding, livery or private) AUTOMOTIVE - Automotive car wash and/or detailing, Automobile repair (major or minor), Auto Sales (used), Garage (bus or truck), Gasoline service station/Gasoline station, Mobile home sales, Outside storage of vehicles, Recreational vehicles sales/service, Taxicab garage, Trailer rental, Truck rental, Truck repair, Truck sales (used) COMMERCIAL RECREATION - Amusement park, Club (indoor or outdoor, private), Dance hall, Rod and gun club, Theater (Drive-in) COMMERCIAL SERVICES - Outdoor sales and service, Mini-storage/Mini-warehouse EDUCATION - Church or church school, High school & grade school (K-12) FINANCIAL - Currency exchange, Drive through establishment, Personal loan agency FOOD SERVICE -Drive-in food service, Frozen food locker, Tavern, Nightclub/discotheque 03.12.20 VB Meeting 16  HEALTH CARE - Child care (center), Hospital (communicable disease, general) and Treatment Center for alcoholism, drug addiction and similar affliction, Mental health clinic, Mental Hospital, Nursing/Sheltered care home PERSONAL SERVICES - Interior decorating studio RETAIL SALES - Furniture sales (used), Outdoor sales & service, Secondhand store PUBLIC FACILITIES - Post office PUBLIC RECREATION - Community center PUBLIC UTILITIES - Public utility transmitting tower, Sub-station, Water storage tank RELIGIOUS - Church or other place of worship, Rectory SPECIAL USE DISTRICTS - Mining (Extraction of Earth Products) TRANSPORTATION - Parking area (public), Parking garage (public) Illinois Department of Transportation The petitioner and staff have met with the Illinois Department of Transportation (IDOT) regarding Route 47 access points to the subject properties. Although not part of this application, the petitioner has begun investigating the possibility of providing a full access on Route 47 to both the east and west parcels. IDOT representatives explained that a full signalized access on Route 47 would not be approved in the petitioner’s desired location due to it not meeting the required spacing between traffic signals. They further explained that access to the proposed “C-2” parcels on the west side of Route 47 would likely be either a right-in/right-out or a three quarter intersection (the intersection of Route 47 and Powers Road is a three quarter intersection), depending on the type and location of access proposed for the parcels east of Route 47. Under any circumstance, a permit would not be approved for access to Route 47 until warrants are met. Staff notes that the Plan Commission and Village Board would review proposed access to the parcels when a Development Application is submitted for a site plan review and preliminary/final plat of subdivision. At this time, the petitioner’s application is only proposing to rezone parcels. Village Board Conceptual Review The petitioner was last before the Village Board on July 11, 2019 requesting conceptual review of a proposed plan to amend the Gateway Plan and rezone the subject sites. At that time, the proposed “BP” Business Park zoning at the northeast corner of Route 47 and Freeman Road extended south to Freeman Road and did not include any commercial frontage along the Freeman Road. The Village Boards comments included the following: • It was recommended that the plan be revised to maintain the “C-2” zoning along Freeman Road. The petitioner has since revised the application to address the recommendation. • There was concern regarding the reduced “P” Park and Open Space buffer between Sun City Neighborhood 32B and the proposed “C-2” Regional Retail and “BP” Business Park districts proposed at the northwest corner of Route 47 and Jim Dhamer Drive. • It was stated that the Village Board would want to know there was a developer and users ready to go before rezoning the properties. The meeting minutes from the July 11, 2019, Village Board conceptual review are provided as an attachment to this report. The petitioner has also provided an exhibit that illustrates the changes that have been made to the plan since the Village Board reviewed it on July 11th, including changes recommended by the Plan Commission. Plan Commission Recommendation The petitioner was before the Plan Commission on November 25, 2019 and January 13, 2020. At the November 25th public hearing there was extensive discussion between residents, the Plan Commission, 03.12.20 VB Meeting 17 and the petitioner regarding the proximity of the “C-2” Regional Retail and “BP” Business Park zoning districts to Sun City Neighborhood 32B. The transcript of the meeting is provided as an attachment to this report. At the conclusion of the discussion, the Plan Commission continued the public hearing to allow the petitioner to revise the zoning proposal to increase the distance between the proposed “BP” and “C-2” zoning districts and Sun City Neighborhood 32B. In response to the testimony heard at the November 25, 2019 public hearing, the petitioner made the following three changes to the proposed zoning plat and presented them on January 13, 2020 (transcript attached): 1. At the northwest corner of Route 47 and Jim Dhamer Drive, the northern line of the proposed “BP” Business Park zoning (parcel 7) was shifted south. The exhibit indicates there is 444 feet from the “BP” zoning to the back of the nearest home in Neighborhood 32B. 2. At the northwest corner of Route 47 and Jim Dhamer Drive, the north line of the proposed “C-2” Regional Retail (parcel 4) was shifted to the south. The exhibit indicates there is 228 feet from the “C-2” zoning to the back of the nearest home in Neighborhood 32B. 3. At the northeast corner of Route 47 and Oak Creek Parkway, the petitioner is no longer proposing to rezone the retention pond from “B-P” to “C-2” (parcel 1). At the conclusion of the public hearing a motion to recommended approval of the petition failed by a vote of 3 to 3. The following conditions were considered as part of the motion: 1. A wetland restoration and maintenance plan shall be provided for Lot 8 of Huntley Unit No. 1 upon submittal of a Development Application to resubdivide any of the subject parcels generally located at the northwest corner of Route 47 and Jim Dhamer Drive. 2. The rezoning of the parcels is subject to approval of a development agreement by the Village Board. Legal Analysis The property owner has agreed to enter into a Development Agreement for the subject properties. The terms of the Development Agreement will be considered by the Village Board as a separate agenda item. Director Nordman reported that property owner Phil Waters was in attendance with a presentation and to answer questions. Mr. Waters reviewed a Power Point presentation and stated that in 2003 he sold the Reiche about 235 acres at which time it was zoned office. As a condition of closing it had to be zoned BP. Currently there are six developments there which brought jobs, some sales tax and property tax to the community. Mr. Waters stated that he is asking to do the same. Mr. Waters stated that he has been marketing the property on the west side for the last 20 years and has only had the Advocate project. Mr. Waters stated that the property on the east side is zoned retail and retail has changed. Mr. Waters stated that he is asking for about half of what was rezoned in 2003. 03.12.20 VB Meeting 18  Mr. Waters stated that the slide shows what they requested previously and what rezoning they wish to request from the Board noting that they pushed the property line back substantially at both the northwest corner and northeast corner on the west side. Mr. Waters noted the changes from the original request. Mr. Waters stated that this slide shows the distance they have pushed the property back from the original request. He also stated that a resident comment earlier in the meeting regarding open/park space was not correct as it is zoned office and that a four to five story building could be built at that location and he thought it would be better as a retail application which would only be a single story as opposed to a four to five story hotel. Mr. Waters stated that he could hide a single-story retail with the additional berm Mr. Waters reported that this slide is the revised submittal including Trustee Leopold’s request to maintain retail along the Route 47 corridor which would also screen the business park development. 03.12.20 VB Meeting 19  Mr. Waters stated that this sign was an eyesore and they would repurpose the sign as part of the rezoning submittal and could look as follows Mr. Waters stated that this slide shows what they are seeking to do on Route 47; showing the access points on the east side and moving the entrance down approximately 700 feet to get it away from the residences. Mr. Waters noted the other entrances discussed with IDOT. 03.12.20 VB Meeting 20  Mr. Waters noted the extension of the bike / walking path as part of the development, if approved. Mr. Waters noted the temporary lift station at Dhamer and Route 47 which they put in 20-25 years ago. Mr. Waters stated that with approval of the rezoning submittal, they will run the sewer line up and west of the neighborhood at their cost. Mr. Waters showed examples of buildings that could be built. Mr. Waters stated that he will not be doing the development but will sell the lots. The developer would then work with staff and come before the Board for approval. Mr. Waters stated that they will pay $25,000 for a community development sign at the southeast corner of Freeman and Rt. 47 much like the Outlet Mall and Auto Mall sign they had in the past. Mr. Waters stated that they will contribute funds for the east side of Freeman road work fund and west side at Dhamer road work fund. Mr. Waters stated that as they develop the property, they will remove the overhead utility lines along Route 47. Mr. Waters asked that the Board consider his rezoning requests and noted that benefits to the community. Mayor Sass asked if the Village Board had any comments or questions. Trustee Piwko asked Mr. Waters if he was going to be the developer of the property or would just sell the property to a developer. Mr. Waters stated that he would not be the developer. Trustee Piwko asked if they have any developers ready to come to us and discuss an actual building development; Mr. Waters said they didn’t. Trustee Piwko reminded Mr. Waters that at the last meeting, the Mayor stated that the Village can process a development application quickly so the rezoning of the property shouldn’t make a difference in finding a developer. Mr. Waters stated that there have been no interested developers in 20 years due to the zoning. Trustee Piwko stated that if rezoned now, the board will no longer be able to market the area for any 03.12.20 VB Meeting 21 types of businesses that the residents are wanting in our town. Trustee Piwko stated that Mr. Waters stated at a previous meeting that he was going to get a Target at the northwest of Dhamer and Rt 47. Trustee Piwko reminded the Board that when he passes a couple of the distribution centers off of the tollway that there only seems to be 3 or 4 cars parked out there and another was a 60,000 sq. ft. that was supposed to have 4 employees located there. Trustee Piwko stated that it’s all about the jobs and distribution centers do not offer very many jobs, unless it is Amazon. Trustee Piwko stated that there has not been much new business brought in by any developers south of Del Webb Blvd in the last few years. Taco Bell and General RV were the last ones even though more were promised. Trustee Piwko asked the Board to consider everything before they vote to accept the rezoning. Trustee Kanakaris stated that the property has been sitting for 20 years and asked what the difference is if rezoned now that a developer would have to come before the Board for approval. Trustee Goldman suggested that they ask to rezone only the west side and stated that she is happy that they moved the project further from N32A. Mr. Waters reiterated that there would be $1M in benefits to the Village. Trustee Westberg asked what the difference was between them and the Reiche development; Mr. Waters stated that the Reiches only do build-to-suits, and land-only sales. Mr. Waters stated that they would let the buyer use their own builder. Trustee Hoeft stated that he appreciates the previous comments and that he likes the C2 zoning on the east side of Route 47. Trustee Hoeft stated that if there is a chance for more jobs and businesses then he supports it; Trustee Hoeft also stated that he likes the larger buffer and berms. Mayor Sass told Mr. Waters that he had his best chance for selling the property when the TIF was active and that they had 23 years and did not do anything because his prices were too high. Mayor Sass told Mr. Waters to bring a buyer and the Village will turn it around quickly. Mr. Waters stated that there is no interest due to the zoning. Trustee Leopold stated that he would not approve rezoning without a developer or business as this is all speculations. Trustee Leopold stated that the land across from the ballfields which is owned by Mr. Waters is sitting vacant due to the cost. Mr. Waters stated that he would sell two (2) across from Eakin Field for $10 to CAM for parking if the Board would approve the rezoning. Trustee Hoeft stated that he will not now vote for the rezoning because of Mr. Waters offer to sell the two acres for $10. There were no other comments or questions. A MOTION was made to approve an Ordinance Approving (i) an Amendment of the I-90/IL 47 Gateway Plan of the Comprehensive Plan to accommodate Business Park and Flex Space and Commercial, as required; and (ii) a Zoning Map Amendment to Rezone Property at the Northeast Corner of Route 47 and Freeman Road from “C-2” Regional Retail District to “BP” Business Park District; and Rezone Property at the Northwest Corner of Route 47 and Jim Dhamer Drive from “O” Corporate Office District and “P” Park and Open Space District to “BP” Business Park District and “C-2” Regional Retail District. MOTION: Trustee Kanakaris SECOND: Trustee Leopold 03.12.20 VB Meeting 22  AYES: Trustees: Goldman, and Kanakaris NAYS: Trustees: Hoeft, Leopold, Piwko, and Westberg ABSENT: None The motion failed: 2-4-0 h) Consideration – An Ordinance Approving a Development Agreement Between the Village of Huntley and Huntley Development Limited Partnership Due to the above agenda item failing, this item was not discussed. i) Discussion – Policy Direction Regarding a Designated Outdoor Refreshment Area (DORA) during Village-Sponsored Special Events in the Downtown Area Special Events Manager Barbara Read reported that the interest in Village-sponsored concerts and special events in the James C. Dhamer Town Square and downtown area has grown significantly in the past several years. Staff has received various inquiries as to whether alcohol purchased at the downtown businesses located within the Designated Outdoor Refreshment Area (DORA) boundary on the days/evenings of Village-sponsored special events can be taken outside the business and consumed in a general area around the Square, as well as if alcohol purchased elsewhere can be brought in and consumed within this area. Staff Analysis In researching options, staff has identified a concept referred to as a Designated Outdoor Refreshment Area, or DORA, utilized in various communities throughout the country. The following is proposed to be considered on a trial basis for 2020: DORA Boundaries (see Exhibit 1): • Main Street from the eastern edge of Huntley Eye Care to the corner of Main and Church Street. • The southwest corner of Main and Church Street to the northwest corner of Church and Coral Street • The Northwest Corner of Coral Street at Church to the northwest corner of Coral Street and Woodstock Street • The Northwest corner of Woodstock Street at Coral Street to the northwest corner of Main Street and Woodstock Street • The northwest corner Main at Woodstock Street to the northeast corner of Main Street at Dwyer Street. Conditions: • Beverages must be in plastic cups with the businesses name • Any business, which holds a liquor license, located within the DORA boundaries may register to participate in this program. The permit will require the business to sign and agree to the conditions of the program such as: Participating businesses name the Village as an additional insured on their insurance certificates (both liquor liability and general liability) DORA Events with Specific Times: • Concerts in the Square (6-9pm) on the following dates: July 7, 14, 21, 28; Aug 4, 11, 18 03.12.20 VB Meeting 23  • Ladies Night Out (5-8pm) on May 7 and Dec 10 • 1st Friday Nights on the Square (6-10pm) on the following dates: July 3, August 7, September 4, October 2 • Hootenanny Glow 5k (6-10pm) on Sept 12 • Fall Harvest Fest on the Square (11am-4pm) on Oct 18 • A Very Merry Huntley (3-6pm) on December 5 Financial Impact While there is no financial impact to the Village, the program may enhance the participating businesses during the approved events. Legal Analysis Section 110.14 of the Liquor Code, Drinking in Public Places, currently states, “No person shall openly drink or furnish to others any alcoholic liquor to drink upon any street, sidewalk, or public place within the Village unless otherwise permitted under this code.” An amendment to the Liquor Code would be required to allow for the Designated Outdoor Refreshment Area. Does the Village Board have interest in continuing discussions regarding DORA? • Trustees Piwko, Hoeft, Kanakaris, Westberg and Goldman stated yes. Allow guests to consume alcohol that they have brought in (BYOB)? • It was the consensus of the Trustees to allow this. Allow guests to consume alcohol that they have purchased at a business within the DORA boundary? • It was the consensus of the Trustees to allow this. • Mayor Sass stated that he would not like alcohol to be purchased at the bars/restaurants and brought out to the designated area and only allow BYOB consumed inside the Town Square Should DORA be allowed at all the Village sponsored events as listed? • Trustee Hoeft stated that if guests are used to consuming alcohol at the concerts they should be able to bring them to other events on the Square for less confusion. • It was the consensus of the Village Board to allow DORA only at the Concerts on the Square (7/14, 21, 28; 8/4, 11, 18) and on the First Friday Nights (7/3, 8/7, 9/4, 10/2) This agenda item was for policy direction and a formal ordinance will be brought before the Liquor Commission at a future date. j) Consideration – An Ordinance Authorizing the Village of Huntley to Join the Intergovernmental Risk Management Agency (IRMA) Finance Director Cathy Haley reported that the Village joined the Municipal (Self) Insurance Cooperative Agency (MICA) insurance pool effective July 1, 2009 to provide public liability insurance. In October 2018, the Village submitted its withdrawal notice to the pool. Based on MICA’s by-laws, the Village’s membership in the MICA pool does not end until April 30, 2020. Staff Analysis On July 11, 2019, members from IRMA gave a presentation of the member owned, self-governed risk 03.12.20 VB Meeting 24 pool. After reviewing the advantages that IRMA has to offer, it was a consensus of the Village Board to move forward with discussions of joining this agency. Some of these advantages are outlined below: • IRMA is a non-profit government entity with all surpluses returned to members. In 2018, IRMA returned $11 million in investment income to its members. • IRMA is an independent, member-owned risk pool. IRMA is not a “broker” pool, where a broker is paid a commission each year to find private insurance from a “for-profit” company. Members own the pool and control the coverage provided and can enhance coverage to meet the needs of municipalities. • IRMA offers various grant opportunities associated with CALEA, ILEAP, APWA, Lexipol, BackSafe Training and Safety Equipment. • IRMA conducts annual property appraisals at no additional cost. • IRMA is financially stable. IRMA members pay contributions to IRMA based on a uniform and transparent formula that avoids spikes in rates because IRMA utilizes a 5-year look-back at losses and there is also a cap on the amount included in the formula for large losses. The estimated premium for the Village next year is $383,079, which will be prorated for 8-months for FY20. • IRMA offers six options for deductible credits. • IRMA offers a variety of training programs tailored to the municipality’s individual needs. • IRMA has no specialized focus on municipalities with higher claims. • IRMA utilizes an in-house claims department and employs several litigation attorneys. Financial Impact If the Village chooses the lowest deductible of $2,500, the total cost for FY20 will be as follows: 1. Pro-rated 2020 Member Premium = $255,386 2. Membership Fee – paid over 5 years = $ 39,505 3. Tail coverage cost for year 1 = $ 13,428 Please note in FY21 the member premium will be for a full 12-month time period from January – December. The membership fee can be paid in one lump sum or over a five-year period. No interest is charged to the Village for paying this one-time fee over 5 years. The tail coverage will cover claims made after May 1, 2020 regarding incidents that happened prior to May 1, 2020. Total cost for FY20 is $308,319 if the Village chooses the $2,500 deductible. This cost could decrease if the Village increases their deductible. The current FY20 budget includes a dollar amount in the Water Operating Fund, Wastewater Operating Fund and the Liability Insurance of $420,750. The actual invoice to IRMA will be brought back for Village Board approval in May 2020. Legal Analysis Legal Counsel for IRMA drafted and reviewed the draft ordinance.Dah Mayor Sass asked if the Village Board had any comments or questions; there were none. A MOTION was made to approve an Ordinance Authorizing the Village to Join the Intergovernmental Risk Management Agency (IRMA). MOTION: Trustee Goldman 03.12.20 VB Meeting 25  SECOND: Trustee Kanakaris AYES: Trustees: Goldman, Hoeft, Kanakaris, Leopold, Piwko, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 k) Consideration – A Resolution Appointing a Delegate and an Alternate Delegate to the Intergovernmental Risk Management Agency (IRMA) Director of Finance Cathy Haley reported that every entity that participates in the Intergovernmental Risk Management Agency (IRMA) is required to appoint a delegate and alternate delegate to represent the Village on the Board of Directors for IRMA. Staff recommends designating Human Resources Manager Chrissy Hoover as the Village’s delegate and Director of Finance Cathy Haley as the Village’s alternate delegate. Staff Analysis A resolution is required to assign the delegate and alternate delegate. Financial Impact This item is not anticipated to have any significant financial impact. Legal Analysis Legal Counsel for IRMA drafted and reviewed the draft ordinance. Mayor Sass asked if the Village Board had any comments or questions; there were none. A MOTION was made to approve a Resolution Appointing a Delegate and an Alternate Delegate to the Intergovernmental Risk Management Agency (IRMA). MOTION: Trustee Leopold SECOND: Trustee Kanakaris AYES: Trustees: Goldman, Hoeft, Kanakaris, Leopold, Piwko, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 l) Consideration – An Ordinance Establishing Administrative Procedures for Assessing and Determining Claims Under the Public Safety Employee Benefits Act Human Resources Manager Chrissy Hoover reported that the Illinois Public Safety Employee Benefits Act, commonly known as PSEBA, is a State statute that requires public employers to pay insurance benefits to public safety employees and their families if the employee suffers a catastrophic injury or is killed in the line of duty. The text of the statute is silent on the procedures by which benefits are applied for or by which eligibility is determined. Illinois courts have held that home rule municipalities may establish procedures for determining eligibility for PSEBA benefits. Staff Analysis 03.12.20 VB Meeting 26 The Illinois Supreme Court clarified that the award of a line of duty disability pension establishes, as a matter of law, that an employee has suffered a catastrophic injury within the meaning of the PSEBA. In order for a public safety employee to be eligible for PSEBA benefits, the injury or death must have occurred as the result of the officer’s response to fresh pursuit, the officer’s response to what is reasonably believed to be an emergency, an unlawful act perpetrated by another, or during the investigation of a criminal act. A formalized procedure will establish an impartial and efficient method of determining the eligibility of an applicant for PSEBA benefits through an administrative process. The proposed ordinance: • Sets forth the requirements for an application for PSEBA benefits; • Authorizes the Village Manager to appoint a hearing officer; • Establishes hearing procedures to determine whether the applicant meets the statutory criteria to be eligible for PSEBA benefits; • Requires an annual affidavit attesting to the applicants’ ongoing eligibility for benefits. Financial Impact The cost of providing health insurance benefits for public safety employees who are catastrophically injured or die in the line of duty, their spouse and eligible children are associated with PSEBA determination. Legal Analysis The draft ordinance was prepared by the Village’s labor attorney, Clark, Baird, Smith, LLP. Mayor Sass asked if the Village Board had any comments or questions; there were none. A MOTION was made to approve an Ordinance Establishing an Administrative Procedure for Assessing and Determining Claims Under the Public Safety Employee Benefits Act. MOTION: Trustee Piwko SECOND: Trustee Hoeft AYES: Trustees: Goldman, Hoeft, Kanakaris, Leopold, Piwko, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 VILLAGE ATTORNEY’S REPORT: None VILLAGE MANAGER’S REPORT: Village Manager Johnson reported that placed at the Board before the meeting was the COVID-19 Response which was published on the Village’s Website and Facebook on March 11th. Village Manager Johnson also reported that Staff is also in close communication with both health departments. Mayor Sass stated that he is participating in the daily calls with Governor Pritzker. VILLAGE PRESIDENT’S REPORT: Mayor Sass reported that the March McCOG has been cancelled. 03.12.20 VB Meeting 27 UNFINISHED BUSINESS: None NEW BUSINESS: None EXECUTIVE SESSION: None POSSIBLE ACTION ON ANY CLOSED SESSION ITEM: None ADJOURNMENT: There being no further items to discuss, a MOTION was made to adjourn the meeting at 9:28 p.m. MOTION: Trustee Piwko SECOND: Trustee Westberg The Voice Vote noted all ayes and the motion carried. Respectfully submitted, Barbara Read Recording Secretary 03.12.20 VB Meeting 28