Village Board

September 9, 2021 Village Board Meeting VILLAGE OF HUNTLEY VILLAGE BOARD September 9, 2021 MEETING MINUTES CALL TO ORDER: A meeting of the Village Board of the Village of Huntley was called to order on Thursday, September 9, 2021 at 7:00 p.m. in the Municipal Complex, Village Board Room, 10987 Main St., Huntley, Illinois 60142. ATTENDANCE: PRESENT: Mayor Timothy Hoeft; Trustees: Ronda Goldman, Mary Holzkopf, Niko Kanakaris, Curt Kittel, Harry Leopold, and JR Westberg. ABSENT: None IN ATTENDANCE: Village Manager David Johnson, Deputy Village Manager Lisa Armour, Management Assistant Barbara Read, Director of Development Services Charles Nordman, Director of Public Works and Engineering Timothy Farrell, Chief Robert Porter, and Village Attorney Betsy Gates- Alford. PLEDGE OF ALLEGIANCE: Mayor Hoeft led the Pledge of Allegiance. SPECIAL PRESENTATION: a) 20th Anniversary Remembrance of September 11, 2001 Mayor Hoeft read the following proclamation: We Must Always Remember Whereas, on Tuesday morning, September 11, 2001, terrorists attacked America in a series of despicable acts of war on American soil; and Whereas, as citizens of the United States of America, we owe it to our fellow Americans who perished on that solemn day to never forget and to mourn for those and with those who have suffered a great and disastrous loss; and Whereas, in this the 20th Anniversary of that horrific day, we continue to support the United States of America and our leaders to combat terrorism and those who endorse it; and Whereas, the United States is a symbol of freedom to the world, and in this spirit is the reason we continue to persevere in the midst of challenges to our freedom and to remain vigilant in defending our freedom that our ancestors fought so diligently to obtain; and Now, therefore be it resolved, by the President of the Village of Huntley and the Board of Trustees to issue this proclamation to memorialize those men, women and children who lost their lives and in support of the Armed Forces of the United States of America especially Huntley’s sons and daughters that are bravely and proudly serving our country in the ongoing war against terrorism; and Be it further resolved, that this proclamation be made and published for all to see that the residents of the Village of Huntley remember always, with solemn respect, those whose lives were taken suddenly, without cause, on September 11, 2001 and all lives since then that were sacrificed in the name of freedom. May they forever rest in peace and abide in our memories. Respectfully submitted and approved this 9th day of September, 2021 1  September 9, 2021 Village Board Meeting PUBLIC COMMENTS: Ed Gifford, 8810 Lattimer Street, thanked the Village Board for amending the Parkway Tree Ordinance. Don Formella, 10607 Mathew Street, spoke about the tree on his easement stating that it’s growing into electrical lines. Mr. Formella stated that the State owns the trees and he wants the tree removed by either ComEd or the Village. Mike Figolah, 41W092 Derby Court, stated that he lives east of the new Amazon building and stated that during construction trees have been removed from the site and because of this they will see headlights when trucks will be driving due east. He also stated that they will see more of the trucks now and will hear more noise. Mr. Figolah requested an extension of the first fence all the way to the berm hill and wants an 8-foot board-on-board fence added to the berm due to the elevation of the second building being taller than the first. They would also like the fence to cover the corners of the property facing their subdivision where the trucks turn. Glen and Shirley Dan, 41W193 Cheryl Court, stated that the two (2) projects have brought many changes to their subdivision and that they have planted 27 new trees at a cost of about $8,000 to block the sight of the development. They are asking that the developer to add additional sound fencing which would greatly help the Prairie Oaks residents at a minute cost to the developer. Richard Nowinski, 41W198 Charles Lane, stated that he supports Mr. Figolah’s comments as the second project was blindly approved. Mr. Nowinski stated that it is okay to remove the trees as long as they are replaced and noted that the removed trees provided a natural fence. Mr. Nowinski state that erecting a fence would be a small trade off. Scott Bennett, 41W118 Derby, showed pictures of how removing the trees and having no berm would show that they will see truck lights all night long. He also noted that they lost six (6) trees during the last wind storm because of nothing blocking his property now that the trees on the Amazon property had been removed. Marge, Shannon, 18N383 Carriage Way, stated that she came from Elk Grove Village and had to deal with noise from O’Hare and thought they bought their forever home in a quiet and peaceful setting. Asking the developer to add a fence to replace the removed trees is a minor cost to their project. Al Pattenaude, 18N556 Carriage Way, stated that he has lived here for 21 years and has lived through a lot of storms in that time but had lost three (3) trees during the last storm because the developer has destroyed the wetland and they should make it right. Scott Marquardt, 41W115 Derby, recapped what the people before him stated and asked the Village to do the right thing by having the developer add sound fences and a sound wall. Mayor Hoeft stated that he will go to the site before construction begins the next day so he can see how it impacts the existing residents. ITEMS FOR DISCUSSION AND CONSIDERATION: a) Consideration – Approval of the September 9, 2021 Bill List in the amount of $142,548.62 2  September 9, 2021 Village Board Meeting Mayor Hoeft reported that $18,533.56, or 13% is the sum is the payment to Patrick Engineering Inc. for Invoice 16 for Engineering Services for the Kreutzer Road Phase I Project. Mayor Hoeft asked if the Village Board had any comments or questions; there were none. A MOTION was made to approve the September 9, 2021 Bill List in the amount of $142,548.62. MOTION: Trustee Westberg SECOND: Trustee Kanakaris AYES: Trustees: Goldman, Holzkopf, Kanakaris, Kittel, Leopold, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 b) Consideration – A Resolution Approving a Temporary Use Permit for the Sale of Pick Your Own Pumpkins by Dave’s Pumpkins on 3.5 acres located on the South Side of Algonquin Road, West of Route 47, for the months of October 2021, 2022, and 2023 This item was removed from the Agenda at the request of the Petitioner. c) Consideration – A Resolution Authorizing Negotiation of a Purchase and Sale Agreement and Redevelopment Agreement with True North Properties, Inc. for the Sale and Redevelopment of the Catty Property at 11117 S. Church Street Village Manager David Johnson reported that the Village Board approved the Downtown Revitalization Plan in September, 2010 and has worked diligently to implement the plan. A fundamental component of the Downtown Plan is the redevelopment of properties. To date, the Village has purchased three properties and has successfully partnered with other parties to either revitalize the structures or completely redeveloped these parcels. The three properties are the McHenry County Visitors Center (11879 Main Street), the SKM Building (11801 Main Street) and the BBQ King (11706 Coral Street). In 2017 the Village purchased the Catty property at 11117 South Church Street with the intent of revitalizing and redeveloping the property. The Catty property is also located in the Downtown TIF District. The Village Board previously approved a TIF Redevelopment Plan for the Downtown TIF District, and a fundamental component of that Plan is rehabilitation and redevelopment of qualified redevelopment project sites within the TIF. The Village Board has identified the Catty property (and the existing building, which has been vacant for several years) as a redevelopment priority under the TIF Redevelopment Plan. Since acquiring the property in 2017, the Village has undertaken environmental remediation and other site preparation work to prepare the Catty property and building for successful rehabilitation and redevelopment for new occupancy. Per Village Board direction on July 8th regarding the Catty property, the Village requested Letters of Interest (LOI) by July 30th from parties that had recently expressed interest in acquiring the property. The LOI was requested to identify the proposed uses and the development experience of the interested parties. The process required a less formal submittal than a previous Request for Proposals but was intended to serve as a starting point to begin discussions and potentially enter into formal negotiations for the sale and redevelopment of the property. 3  September 9, 2021 Village Board Meeting Staff Analysis The Village received three responses to the LOI. One respondent previously submitted a proposal to a similar request in late 2019, with two additional proposals also submitted. The Village Board has identified True North Properties as the preferred party to continue discussions with for the sale and redevelopment of the Catty property. The proposed use of the building is for 30-50 apartment units. Strategic Plan Priority The 2016-2020 Strategic Plan identifies Promote New Business Development, Retention, and Expansion as a priority, “continue downtown revitalization efforts” as a goal, and “redevelop Catty property” as an objective. Financial Impact The property is located in the Downtown TIF. A property purchase and sale agreement and redevelopment agreement would be required to establish the terms and conditions of the sale and redevelopment of the property. Village Manager Johnson reported that George Ieremciuc from True North and attorney Joe Gottemoller, were in attendance to answer questions. Mayor Hoeft asked if the Village Board had any comments or questions. Trustee Westberg stated that if units are added to Church Street to pay close attention to the parking. Trustee Goldman stated that she would like row houses with a more urban look and green space as long as it is not too congested. There were no other comments or questions. A MOTION was made to approve a Resolution Authorizing Negotiations with True North Properties, Inc. for the Sale and Redevelopment of the Catty Property at 11117 S. Church Street. MOTION: Trustee Leopold SECOND: Trustee Kanakaris AYES: Trustees: Goldman, Holzkopf, Kanakaris, Kittel, Leopold, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 d) Conceptual Review – Proposed Site Plan and Building Elevations for Universe Carrier Inc., Lots 2, 3, and 4 in Duke Realty Corporation of Huntley DC Subdivision Director of Development Services Charles Nordman reviewed a Power Point presentation and reported that Universe Carrier, Inc. is proposing to purchase and develop lots 2, 3, and 4 in Duke Realty Corporation of Huntley DC Subdivision (the 3 vacant lots west of the Weber Global Distribution Center). Universe Carrier plans develop the site in two phases. The proposed development for Phase 1 will consist of a 100,000 square foot industrial building with 20 docks and associated parking lot for tractor trailer parking and maneuvering. Phase 2 plans propose a 137,880 square foot building with 25 docks. Both buildings include areas for outdoor tractor and trailer parking. Universe Carrier is a trucking firm and is currently located in Melrose Park. The Huntley facility will function as their new corporate and logistics headquarters, with a warehousing and tractor trailer maintenance hub. 4  September 9, 2021 Village Board Meeting The parcels are zoned “ORI” PUD, Office/Research/Industrial Planned Unit Development, and were annexed into the Village with the Weber parcel to the east on May 8, 2014. The annexation agreement provides for the entire development to follow the “ORI” zoning regulations that were in place at the time of annexation. In 2014, the “ORI” zoning allowed Truck Terminal and Warehouse (storage) as permitted uses. The Truck Terminal definition in the zoning ordinance allows land and buildings to be used as a relay station for the transfer of a load from one vehicle to another or one party to another, and temporary warehousing. Truck terminals also allow for storage areas for trucks and areas for the repair of trucks associated with the terminal. Truck Terminals are no longer allowed in the “ORI” District, but the aforementioned Weber annexation agreement allows the use for this development. Phase 1 Plat of Subdivision – Phase 1 The petitioner is proposing a plat of subdivision to consolidate the property from three lots into two lots. Lot 2 in the Duke Realty Corporation of Huntley DC Subdivision (the northernmost lot) will remain unchanged. Lots 3 and 4 are proposed to be combined and be platted as Lot 1 in the UC Huntley Subdivision (Lot 1 UC). Site Plan – Phase 1 Phase 1 includes the construction of the 100,000 square-foot building (95,000 square-foot warehouse, and 5,000 square-foot office area) on Lot 1. Access to the site will be from the existing Weber Drive cul-de-sac (a private road). An 8-foot tall, gated, black vinyl coated chain link fence would surround the entire project site. Relief will be needed to allow a fence in the front yard setback. Plan and parking data indicate there will be 67 passenger vehicle spaces (including 3 handicap), 54 trailer stalls (55’ length), 41 tractor and trailer spaces (75’ length), 22 trailer stalls (60’ length), and 20 truck docks (east and west sides), and 4 drive-in doors (west side). Fuel & Weigh Station A private fuel and weigh station is proposed along the west drive aisle leading to and from the docks on the west side of the Phase 1 building. Universe Carrier will be performing their own trailer maintenance and inspection operations at this facility, and they believe it is critical to their business operation to be able to efficiently fuel and weigh tractor trailers at the same location. The fuel and weigh station will be for the private use of Universe Carrier and will not be available for public use. The fueling component is not allowed as a permitted or a Special Use in the “ORI” District. A text amendment would be required to allow an above ground fueling tank in the “ORI” District. Staff proposes that such a use be provided for a special use that would be accessory to the primary use. It is noted, “gas tank storage” is allowed as a Special Use under Public Utilities in the “M” Manufacturing District. Building Elevations The proposed building materials are primarily insulated precast wall panels in blue, white and gray, as illustrated on the color renderings. The offices will be located at the northeast corner of the building. Truck docks will be located on both sides of the building. The plans indicate a 32’ clear ceiling height, with the parapet wall top reaching 38’, thus providing an average 6’ of roof top mechanical screening for the entire structure. 5  September 9, 2021 Village Board Meeting Landscape Plan A proposed landscape plan has been provided for the Phase 1 portion of the development. The plan proposes 29 shade trees around the perimeter of the site and foundation plantings on the north side of the building that include 12 ornamental trees, 43 deciduous shrubs, and 22 evergreen shrubs. The landscape islands include 14 shade trees. Staff has requested that the petitioner provide evergreen trees, similar to the plantings Weber installed along the roadway, to screen the truck parking area. Phase 2 The petitioner is anticipating constructing a second phase to the project and has provided a conceptual site plan for the remaining property. A timeframe for constructing Phase 2 has not yet been identified. Site Plan – Phase 2 The Phase 2 development includes the construction of a 137,880 square-foot warehouse building with 50 docks on the west side. The east side of the building includes 138 passenger vehicle parking spaces and 5 handicap spaces. The Phase 2 buildout includes the removal of 21 tractor and trailer parking spaces, and 54 trailer parking spaces from the original Phase 1 plan. The curb cut location on Weber drive would also be moved. Required Approvals The project will require the following review and approvals from the Plan Commission and Village Board: i. Preliminary and Final Planned Unit Development ii. Text Amendment to allow a Fuel Station as a Special Use in the “ORI” district iii. Special Use Permit for a Fuel Station iv. Plat of Resubdivision Strategic Plan Priority The 2016-2020 Strategic Plan identifies “promote new business development, retention, and expansion” as a priority. Courtesy Review The petitioner has requested the Village Board to conceptually review the proposed plans. The Village Board is not required to provide a formal position statement on the proposal, and the petitioner shall not be required to comply with any position statements which are offered. The concept review shall provide the petitioner with initial comments and concerns that should be considered as they proceed in the formal review process. The Village Board and its individual members are not bound by any comments made during the discussion and the petitioner acknowledges that it cannot claim in the future any reliance whatsoever on those comments. Director Nordman reported that William Bohn of Jacob & Hefner and Viktor Demyaniv (Universe Carrier Inc. owner) were in attendance to answer questions. Mayor Hoeft asked if the Village Board had any comments or questions. Trustee Goldman asked that the petitioners make the south elevation look better; Mr. Bohn stated that they will work with the architect. Trustee Westberg asked when both Phase 1 and Phase 2 are built will there be enough storm water detention; Director Nordman replied yes. 6  September 9, 2021 Village Board Meeting Trustee Westberg noted the size of their Melrose location and then read many favorable Google reviews of the company. Trustee Kanakaris stated that he agrees with Trustee Goldman’s comments on the south elevation; and, asked if a chain link fence is needed and if so would like another option other than chain link. Mr. Bohn stated that they can include a wrought-iron look alike. Mr. Bohn asked where the wrought-iron look fence should be included to which Trustee Kanakaris stated on the more visible sides of the property. Director Nordman stated that the Weber property has vinyl coated chain link. Trustee Leopold stated that he also agrees with Trustee Goldman’s comment. Trustee Kittel noted the Phase 2 way station and fueling and questioned if there is enough room for these; Mr. Bohn stated that it was placed in this location as it is the best place for site movement. There were no other comments or questions. As this was a Concept Review, no vote was required for this agenda item. e) Consideration – A Resolution Allowing Construction Activities Temporarily on Sundays between the hours of 8:00 AM – 7:00 PM for Venture One Real Estate, 11400 Venture Court/11500 Freeman Road This item was removed from the Agenda. f) Consideration – An Ordinance Proposing the Establishment of a Special Service Area for Cider Grove Unit 2 Director of Development Services Charles Nordman reported that pursuant to the recent approvals for Unit 2 of the Cider Grove subdivision the Village is authorized to establish a “back-up” maintenance special service area (SSA) upon the Cider Grove Unit Two Land. The SSA taxes will only be levied in the event that: (i) the homeowners association (HOA) fails to perform the Special Services adequately or requests that the Village provide Special Services; (ii) the Village notifies the HOA of its intent to undertake the Special Services and/or agrees to undertake Special Services at the HOA’s request; (iii) the Village incurs costs in connection with provision of the Special Services; and (iv) the HOA fails to timely reimburse the Village for costs incurred by the Village in connection with the provision of Special Services. Financial Impact The proposed amount of the tax levy for the proposed SSA during its first year is zero dollars ($0.00), as the Special Services are the primary obligation of a homeowners association to be established in connection with the development of Cider Grove Unit 2. Legal Analysis A public hearing to consider the creation of the proposed SSA must be held by the Village Board not sooner than 60 days following approval of the ordinance proposing establishment of the SSA. The public hearing date is required to be set by the ordinance and is scheduled for November 18, 2021. The Village Attorney has reviewed the request and prepared the Ordinance for consideration. 7  September 9, 2021 Village Board Meeting Mayor Hoeft asked if the Village Board had any comments or questions. Trustee Westberg asked if this is a new SSA. Village Manager Johnson reported that Huntley has one (1) active SSA and the others are backup SSAs. There were no other comments or questions. A MOTION was made to approve an Ordinance Proposing the Establishment of a Special Services Area for Cider Grove Unit 2 MOTION: Trustee Leopold SECOND: Trustee Goldman AYES: Trustees: Goldman, Holzkopf, Kanakaris, Kittel, Leopold, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 g) Consideration – (i) A Resolution Approving a 2021 Amended and Restated Police Services Agreement Between the Huntley Park District and (ii) an Ordinance Repealing Section 130.12 of the Village Code of Ordinances Chief Robert Porter reported that the Village of Huntley originally entered into an agreement on October 27, 1994, with the Huntley Park District (Park District) for Police Protection Services. In February 2006, the Park District updated their specific Park District ordinances and authorized an updated agreement for Police Protection Services as well as the Vehicle Control Contract at that time. The agreement for Police Protection Services, the adoption of the Park District Ordinances as Village ordinances and the Vehicular Control Contact allowed the Police Department to take immediate, self- initiated enforcement action when necessary. The agreement was last updated in 2009. On June 23, 2021, the Park District approved new ordinances which are different from Village Code Section 130.12, Park District Property Governance. In reviewing the current agreement for Police Protection Services and the Vehicular Control Contract as well as the Park District Property Governance Ordinances, the Village Attorney advised that the Village should enter into a single agreement to include both Police Services and Vehicular Control Contract as well as to repeal Section 130.12 from the Village Code of Ordinances. Staff Analysis The ability for the Huntley Police Department to enforce Park District ordinances is best addressed through an Amended and Restated Police Services Agreement. It is not necessary for the Village to adopt Park District Ordinances to be included in the Village Code of Ordinances. The Services Agreement provides Park District authorization for the Village to issue citations for Park District ordinance violations on Park District property. The agreement would also require the Park District to carry insurance and indemnify the Village of Huntley from any liability that results from enforcement of the Park District ordinances. Financial Impact All fines and fees resulting from violations of the Park District’s local ordinances enforced by the Village shall be paid and retained by the Village. 8  September 9, 2021 Village Board Meeting Legal Analysis The Village Attorney has reviewed the draft agreement and all is in order for Village Board consideration. Mayor Hoeft asked if the Village Board had any comments or questions; there were none. A MOTION was made to approve the following resolution and ordinance: i. Resolution Approving a 2021 Amended and Restated Police Services Agreement Between the Huntley Park District and the Village of Huntley ii. Ordinance Repealing Section 130.12 of the Village Code of Ordinances. MOTION: Trustee Westberg SECOND: Trustee Holzkopf AYES: Trustees: Goldman, Holzkopf, Kanakaris, Kittel, Leopold, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 h) Consideration – Approval of Payout Request No. 3 to Arrow Road Construction Company for the 2021 Street Improvement Program in the amount of $658,963.10 Director of Public Works and Engineering Timothy Farrell reported that on March 11, 2021, the Village Board approved a resolution appropriating $1,000,000.00 in Motor Fuel Tax Funds for Maintenance of Streets and Highways for the 2021 Street Improvement Program and a Resolution Authorizing a Bid Award and Construction Contract to Arrow Road Construction Company in the amount of $1,641,889.27 for the resurfacing of the Covington Lakes and Coves of Covington Subdivisions comprising of approximately 90,000 square yards of roadway along approximately 4.6 centerline miles. Arrow Road Construction Company has submitted the third payout request for the 2021 Street Improvement Program. The Village’s project engineer, CBBEL, has reviewed the request and all is in order for consideration of the payout request No. 3. Staff Analysis Total Previous Amount Pay Request Retention Completed Work Payments Requested #1 $84,765.68 $8,476.57 (10%) $0.00 $76,289.11 #2 $742,829.91 $74,282.99 (10%) $76,289.11 $592,257.81 #3 $1,397,378.97 $69,868.95 (5%) $668,546.92 $658,963.10 Financial Impact The FY21 Budget includes funding for the 2021 program in the amount of $1,114,000.00 for engineering and partial construction costs from the Streets Improvements and Roads & Bridges Fund, 420-00-00-8001 and $1,000,000.00 for partial construction costs from the MFT Fund, 460-00-00-8001. The full amount of the MFT appropriation will be used for construction. Any unexpended budget funds will remain in the Streets Improvements and Roads & Bridges Fund. Legal Analysis Required waivers and certified payrolls have been provided. 9  September 9, 2021 Village Board Meeting Mayor Hoeft asked if the Village Board had any comments or questions; there were none. A MOTION was made to approve Payout Request No. 3 to Arrow Road Construction Company in the amount of $658,963.10 for the work completed under the 2021 Street Improvement Program. MOTION: Trustee Leopold SECOND: Trustee Kittel AYES: Trustees: Goldman, Holzkopf, Kanakaris, Kittel, Leopold, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 i) Consideration – Approval of Payout Request No. 1 (Final) to Copenhaver Construction, Inc. for the Freeman Road Culvert Replacement in the amount of $99,409.80 Director of Public Works and Engineering Timothy Farrell reported that on July 22, 2021, the Village Board approved a Resolution Authorizing a Bid Award and Construction Contract to Copenhaver Construction, Inc. in the amount of $107,975.00 for the Freeman Road Culvert Replacement. Copenhaver Construction, Inc. has submitted the first and final payout request for the Freeman Road Culvert Replacement. The Village’s project engineer, CBBEL, has reviewed the request and all is in order for consideration of the payout request No. 1 (final). Staff Analysis Total Previous Amount Pay Request Retention Completed Work Payments Requested #1/Final $99,409.80 $0.00 $0.00 $99,409.80 The final construction cost is $8,565.20 (approximately 8%) below the Bid amount of $107,795. Financial Impact The FY21 Budget includes $200,000 for professional engineering services and the construction of the Freeman Road Culvert Replacement project in the Street Improvement and Roads & Bridges Fund, 420- 00-00-8001. The Village has also been awarded grant 21-203116 in the amount up to $110,000 for the construction of the improvements from the Department of Commerce and Economic Opportunity (DCEO). Legal Analysis Required waivers and certified payrolls have been provided. Mayor Hoeft asked if the Village Board had any comments or questions. Trustee Leopold asked how far east on Freeman Road does the Village maintain. Director Farrell reported that the Village’s jurisdiction is just past the culvert. There were no other comments or questions. 10  September 9, 2021 Village Board Meeting A MOTION was made to approve Payout Request No. 1 (Final) to Copenhaver Construction, Inc. in the amount of $99,409.80 for the work completed under the Freeman Road Culvert Replacement project. MOTION: Trustee Holzkopf SECOND: Trustee Kittel AYES: Trustees: Goldman, Holzkopf, Kanakaris, Kittel, Leopold, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 j) Consideration – An Ordinance Amending Section 155.032 and 70.70 of the Huntley Code Regarding Parkway Use and Maintenance Director of Public Works and Engineering Timothy Farrell reported that Section 155.032 Parkway Maintenance of the Subdivision Regulations provides Village policy regarding parkway trees including tree preservation and maintenance responsibilities. Section 70.70 Street Obstructions Prohibited, Snow, Leaves, and the Like provides Village policy on parkway maintenance. The proposed ordinance revisions clarify maintenance responsibilities of the adjacent property owner and the Village. Staff Analysis The Village owns trees that are planted on Village property; this is incidental to ownership of the land. For a right-of-way (ROW) that has been dedicated to the Village (parkway), the Village owns the land plus any trees and improvements within the ROW corridor. Under State law, the Village has a general duty to maintain its property in a reasonably safe condition for intended users and activities and to correct hazards that the Village is aware of (or that are obvious and have existed long enough that the Village should be aware). For a parkway, intended users would include pedestrians, people entering/exiting parked cars, and similar activities. The ordinance revisions clarify the maintenance responsibilities of property owners for the adjacent parkway area, including the responsibility to trim and prune trees that overhang the public right-of-way and cause obstructions to those traveling on the sidewalk or public street. If the property owner does not maintain the trees on private property that are causing an obstruction, the ordinance confirms the Village has the right, but not the obligation to trim those trees. The ordinance eliminates the current requirement for property owners (which includes third parties assigned those responsibilities) to trim parkway trees. Over the past few years, Public Works staff has conducted a tree trimming program for trees located in the parkway throughout the Village in the spring and fall, and into the winter as the weather permits. The goal of the program is to perform parkway tree trimming necessary to preserve public safety, as outlined in the revised ordinance. Landscape medians and parkways along arterial and collector roadways within subdivisions such as those along Del Webb Boulevard in Sun City and along Founders Field, Ackman Road, and Talamore Boulevard in Talamore, will remain the responsibility of the respective HOA. Financial Impact Resources are allocated on a day-to-day basis to complete the work depending upon workload and weather. 11  September 9, 2021 Village Board Meeting Legal Analysis The ordinance amendments have been prepared by the Village Attorney. Mayor Hoeft asked if the Village Board had any comments or questions. Trustee Westberg noted that the bike path from St. Mary to Haligus Road is hanging over the path. Director Farrell stated that if it’s on private property but hanging over the public right-of-way it is the property owner’s responsibility but the Village is authorized to address. There were no other comments or questions. A MOTION was made to approve an Ordinance Amending Section 155.032 and 70.70 of the Huntley Code Regarding Parkway Use and Maintenance. MOTION: Trustee Kanakaris SECOND: Trustee Holzkopf AYES: Trustees: Goldman, Holzkopf, Kanakaris, Kittel, Leopold, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 k) Consideration – A Resolution Declaring Surplus Property and Granting Approval of the Sale and/or Disposal of Village-Owned Property Mayor Hoeft reported that Vehicle 16, a 2017 Ram 3500HD truck, was acquired by the Huntley Police Department in 2020. The vehicle is not part of the Police Department fleet. Staff Analysis Staff is requesting approval to declare the following vehicle surplus and to sell. Vehicle # Vehicle Year Item Description VIN# 16 2017 Ram 3500HD 3C63RRKL9HG683099 This vehicle will be sold in accordance with the Village vehicle replacement policy through an online auction company that specializes in the sale of public surplus items. Financial Impact Revenue generated from the sales will go into the Equipment Replacement Fund. Mayor Hoeft asked if the Village Board had any comments or questions; there were none. A MOTION was made to approve a Resolution Declaring Surplus Property and Granting Approval of the Sale and/or Disposal of Village-Owned Property. MOTION: Trustee Westberg SECOND: Trustee Leopold AYES: Trustees: Goldman, Holzkopf, Kanakaris, Kittel, Leopold, and Westberg NAYS: None ABSENT: None The motion carried: 6-0-0 12  September 9, 2021 Village Board Meeting l) Discussion – Potable Water System Review Village Manager Johnson reported that this information is being presented prior to discussion of the FY22 Budget. Director of Public Works and Engineering Timothy Farrell reviewed a Power Point presentation and reported that the Village operates and maintains a public water system that includes five deep wells that pump groundwater to five water treatment plants that distribute water to 190 miles of water main and a combined 3.318 million gallons of elevated and ground water storage within one pressure zone. The system contains approximately 2,200 fire hydrants and 4,616 valves. Staff Analysis The Village has been proactive in building its water production and distribution system over the past two decades. An analysis of water usage from 2010 – 2020 shows a maximum daily pumpage ranging from 4,011,000 gallons per day (gpd) to 5,418,000 gpd, with these amounts occurring in the months of June, July or August. The same analysis indicates the water system average daily pumpage ranged from 2,130,329 gpd to 2,438,087 gpd. Current and forecasted development in the Village will create additional water demands on the existing water system. Irrigation water use accounts for approximately 22% of annual total usage and is equivalent to dedicating one of the five existing wells and water treatment plants just for irrigation. Annual precipitation amounts have a direct impact on the Village’s water system. Normal average precipitation in a year is 36.89 inches. Through mid-June, we received about 5 inches of precipitation, a deficit of about 6 inches resulting in a severe drought condition over much of the area. A color-coded, four-tiered water conservation program is utilized to help residents easily identify the status of the water system. Signs are posted throughout the Village displaying the current color and water restriction conditions. Village staff is coordinating professional service agreements for Village Board action at a future meeting for the following engineering services: 1) Comprehensive Master Utility Plan Update; Last completed in 2015 2) New Well 3) New Water Treatment Plant Mayor Hoeft noted that 1/5th of the water usage is outdoor watering. Mayor Hoeft asked if the Village Board had any comments or questions. Trustee Leopold asked if the Village could ban the automatic watering systems; Director Farrell said yes moving forward. Trustee Goldman stated that she would resent that. Trustee Westberg asked if a tiered payment could be put in place and if so, the Village should come up with a system that would give time to build the structure. Village Manager Johnson reviewed the Water Use slide and stated that the Village needs to plan for the future. 13  September 9, 2021 Village Board Meeting • End of 2011 and 2012 were Drought Years; • 2021 was Severe Drought Through July and Now in Moderate Drought per US Drought Monitor 14  September 9, 2021 Village Board Meeting Trustee Kanakaris stated that the Village should go with a tiered system so that if you use it you pay for it. Director Farrell reported that after the June drought and the residents received their bills the water usage went down in July. Trustee Kittel asked if the Village is underpriced; Director Farrell reported that other nearby communities are higher. 15  September 9, 2021 Village Board Meeting Trustee Leopold suggested that there would be less backlash with a tiered system. Trustee Goldman asked if Staff could provide different usage rates for Kane County and McHenry County communities. Trustee Holzkopf stated that education on water usage is very important for the residents Trustee Westberg noted that the tour of how the Village’s water system works was very informative. There were no other comments or questions. This Agenda Item was for discussion purposes only and no action was required. VILLAGE ATTORNEY’S REPORT: None VILLAGE MANAGER’S REPORT: None VILLAGE PRESIDENT’S REPORT: Mayor Hoeft reported at on Saturday, September 11th @ 9:11am – 20th Anniversary Remembrance Ceremony at Town Square Saturday evening is the Hootenanny Glow 5k UNFINISHED BUSINESS: None NEW BUSINESS: Trustee Holzkopf suggested that the Village take a pro-active approach in allowing affordable housing and explained that there are misconceptions on what affordable housing is and noted that 60% of people in affordable housing are middle income and could be the product of marriage separations, layoffs, etc. Trustee Holzkopf noted that Arlington Heights is pro-active regarding affordable housing. 16  September 9, 2021 Village Board Meeting Trustee Kanakaris stated that it did not make sense to have developers lose money. Trustee Holzkopf stated that every developer’s business plan should have provisions for give back and suggested that the Village Board research these. Trustee Goldman stated that Arlington Heights and Huntley have very different populations. Trustee Kanakaris left the meeting at 9:12 p.m. 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 9:13 p.m. MOTION: Trustee Leopold SECOND: Trustee Westberg AYES: Trustees: Goldman, Holzkopf, Kittel, Leopold, and Westberg NAYS: None ABSENT: Trustee Kanakaris The motion carried: 5-0-1 Respectfully submitted, Barbara Read Recording Secretary 17