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Next Ordinance # O17‐03‐05 Next Resolution # R17‐03‐02

MEETING NOTICE

Village Board Tuesday, March 21, 2017 7:30 p.m.

Cary Village Hall 655 Village Hall Drive Cary, IL 60013

Mark Kownick, Mayor

AGENDA

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Open Forum The public is invited to make an issue‐oriented comment on any matter of public concern not otherwise on the agenda.

V. Mayor’s Report Public Hearing – Wastewater Treatment Plant Facilities Plan Illinois Environmental Protection Agency (IEPA) Categorical Exclusion Notice of Intent

VI. Consent Agenda 1. Consider for Approval the Warrant Dated 03/21/2017 2. Consider for Approval Minutes of the March 7, 2017 Committee of the Whole Meeting 3. Consider for Approval Minutes of the March 7, 2017 Village Board Meeting 4. Consider for Approval Minutes of the March 11, 2017 Special Village Board Meeting 5. Consider for Approval a Lot Coverage Variation for the Property Located at 17 Tealwood Court 6. Consider for Approval a Resolution Entering into a Loan Agreement with ’s Inc. Utilizing the Village of Cary’s Revolving Loan Fund for the Property Located at 700 Northwest Highway 7. Consider for Approval a Resolution Adopting the 2017 Village of Cary Official Zoning Map

VII. Administrator’s Report

VIII. Department Head Reports

IX. Future Agenda Items and Discussion by Village Board

X. Adjourn

The Village of Cary is subject to the requirements of with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations so that they can observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the Village’s facilities, should contact Village Hall at (847) 639‐0003 [TDD (630) 845‐2180] promptly to allow the Village to make reasonable accommodations for those persons.

March 21, 2017 Village Board Meeting

Agenda Item: Wastewater Treatment Plant Facilities Plan Illinois Environmental Protection Agency (IEPA) Categorical Exclusion Notice of Intent

Type: Public Hearing

Report From: Public Works

Introduction As part of the re‐application process for low‐interest loans from the Illinois Environmental Protection Agency (IEPA), a Categorical Exclusion was requested for the proposed wastewater treatment plant improvement to meet new phosphorus limits. A categorical exclusion is considered for projects with limited or no potential for causing negative environmental impacts and streamlines the submittal process for projects that qualify.

The IEPA has reviewed the Village’s facility plan submittal has provided a Notice of Intent to issue the Categorical Exclusion for Cary’s wastewater treatment plant improvement (see attached). The IEPA concurs that the proposed improvements for the phosphorus limit project meet their requirements for a Categorical Exclusion and that the improvement has limited or no negative environmental impacts.

A notice of intent was published and the public hearing is being held to provide the public an opportunity to comment as to whether they feel the project should be precluded from the formal environmental review process. A legal notice was published in the Northwest Herald (see attached) and public comments, if any, were asked to be sent directly to the IEPA.

Exhibits A. IEPA Notice of Intent Letter B. Legal Notice

(Village Board Action Taken) Chapman Cosler Covelli Dudek Kraus McAlpine Kownick Motion Second Aye Nay

March 21, 2017 Village Board Meeting

Agenda Item: Consider for Approval Consent Agenda

Report From: Administration

Motion: I will entertain a motion to approve the Consent Agenda Items #1 ‐ #7.

Introduction The following items are on the Consent Agenda: 1. Consider for Approval the Warrant Dated 03/21/2017 2. Consider for Approval Minutes of the March 7, 2017 Committee of the Whole Meeting 3. Consider for Approval Minutes of the March 7, 2017 Village Board Meeting 4. Consider for Approval Minutes of the March 11, 2017 Special Village Board Meeting 5. Consider for Approval a Lot Coverage Variation for the Property Located at 17 Tealwood Court 6. Consider for Approval a Resolution Entering into a Loan Agreement with Kojak’s Inc. Utilizing the Village of Cary’s Revolving Loan Fund for the Property Located at 700 Northwest Highway 7. Consider for Approval a Resolution Adopting the 2017 Village of Cary Official Zoning Map

(Village Board Action Taken) Chapman Cosler Covelli Dudek Kraus McAlpine Kownick Motion Second Aye Nay

March 21, 2017 Village Board Meeting

Agenda Item: Consider for Approval the Warrant Dated 03/21/2017

Type: Payment

Report From: Finance

Motion: I will entertain a motion to approve the Warrant dated 03/21/2017.

Introduction The Finance Department has prepared the Warrant to be considered for the Village Board approval on 03/21/2017.

Please contact Finance Manager Ventrella for further information prior to the Village Board meeting.

Exhibits A. Warrant Dated 03/21/2017

(Village Board Action Taken) Chapman Cosler Covelli Dudek Kraus McAlpine Kownick Motion Second Aye Nay

March 21, 2017 Village Board Meeting

Agenda Item: Consideration for Approval Minutes of the March 7, 2017 Committee of the Whole Meeting

Report From: Administration

Motion: I will entertain a motion to approve the Minutes of the March 7, 2017 Committee of the Whole Meeting.

Exhibits A. Minutes

(Village Board Action Taken) Chapman Cosler Covelli Dudek Kraus McAlpine Kownick Motion Second Aye Nay

MINUTES

Committee of the Whole Meeting Tuesday, March 7, 2017 6:00 p.m.

Cary Village Hall 655 Village Hall Drive Cary, IL 60013

I. Call to Order This meeting was called to order at 6:00 p.m. by Mayor Kownick.

II. Roll Call Present: Mayor Kownick and Trustees Cosler, Covelli, Dudek, McAlpine, Kraus Absent: Trustee Chapman

Others present included Interim Village Administrator Rife, Village Clerk Bragg, Community Development Director Brian Simmons, Public Works Director Erik Morimoto, Chief Patrick Finlon and members of the audience per the sign‐in sheet.

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

IV. Public Comments There being no comments from the public, Mayor Kownick closed Public Comments at 6:01 p.m.

V. Consideration of the February 21, 2017 Committee of the Whole Meeting Minutes Mayor Kownick asked if the Committee had any comments or changes to the Minutes.

It was the consensus of the Committee of the Whole to forward on to the Village Board’s March 7, 2017 meeting the consideration of approval of the February 21, 2017 Committee of the Whole Meeting Minutes.

VI. Consideration of the February 21, 2017 Village Board Meeting Minutes Mayor Kownick asked if the Committee had any comments or changes to the Minutes.

It was the consensus of the Committee of the Whole to forward on to the Village Board’s March 7, 2017 meeting the consideration of approval of the February 21, 2017 Village Board Meeting Minutes.

Page 2 of 3 Minutes – Committee of the Whole Meeting March 7, 2017

VII. Public Hearing to Consider an Ordinance Granting a Variation for a Monument Sign in a B‐2 Zoning District for the Property Located at 800 Northwest Highway Mayor Kownick stated that the petitioner requested a continuation due to not being able to attend the meeting.

It was the consensus of the Committee of the Whole to continue the Public Hearing until the April 4, 2017 Committee of the Whole Meeting.

VIII. Discussion Regarding Village’s Revolving Loan Fund – Kojak’s Application Director Simmons provided the background of the Village’s Revolving Fund Loan Program, as well as the current Fund Balance, Loan Balance, and application by Kojak’s. Kojak’s is seeking the use of funds to assist with restaurant expansion/relocation. Kojak’s is seeking a seven year loan for $75,000 at a 2.27% interest rate.

Kojak’s owner Carrie Schuppe, 840 Wild Rose Drive, provided an overview of her background as a business owner, the current restaurant’s history, size, menu, services, and condition. Ms. Schuppe stated sales have increased 10% over all in the time she has owned the restaurant. Since the business is growing, they require additional space, which is not possible at the current location. The new proposed location will greatly expand the needed space, both in the kitchen and dining area. Kojak’s identified several areas they feel will help the success of the new location, including the ability to serve alcohol (under a Class J liquor license), an ice cream bar, Sunday hours, a gaming room, online ordering, increased catering marketing, addition of fresh foods and family style dinners.

Trustee Kraus stated his support for the project.

Trustee Covelli asked Director Simmons if the revolving fund program is administered by request of a business. Director Simmons stated that when businesses inquire about moving to or expanding their business in Cary, the Community Development Department provides them with information such as grants or the Revolving Loan Fund program that may be of assistance to them.

Trustee Dudek asked when the new restaurant would open. Ms. Schuppe replied they were planning on June or July of this year.

Trustee McAlpine stated she was supportive of the project.

Trustee Dudek asked if there would be variances regarding signage. Director Simmons stated that Kojak’s would have their name added to the monument sign along Rt. 14 and possibly installing a monument sign along Three Oaks Road. To date, no plans have been submitted for review.

Trustee Cosler asked why Revolving Fund Loan monies were not offered to other businesses. Trustee Covelli stated she believed the Village should advertise these options to businesses within the Village who may not be aware the programs are available. Director Simmons stated other businesses have inquired but not applied for the loan. Director Simmons added that information is available on the Village website and staff will continue to look at additional ways to advertise.

Page 3 of 3 Minutes – Committee of the Whole Meeting March 7, 2017

It was the consensus of the Committee of the Whole to continue with the loan terms as laid out in the memo to the Village Board’s March 21, 2017 meeting for the consideration of Revolving Loan Fund application for Kojak’s.

IX. Discussion Regarding Village Board and Committee of the Whole Meeting Times/Schedule Director Simmons provided an overview of the proposed options and the current code specifications.

It was the consensus of the Committee of the Whole to forward on to the Village Board for the consideration of approval of Option #5.

X. Discussion Regarding Raffle Ordinance Chief Finlon provided an overview and background for the proposed ordinance.

Trustee Dudek asked if this ordinance is not passed, would the Village be in violation of the State statute. Chief Finlon stated that if the ordinance is not passed, raffles within the Village of Cary would not be in compliance with State statute.

Trustee McAlpine asked how this would affect, for example, the local football games that have a 50/50 raffle at every home game. Chief Finlon stated that there are provisions within the ordinance that would allow for a raffle license over a 1 year period for such recurring situations.

Trustee Cosler stated he wanted to see the State statute before voting on the issue.

It was the consensus of the Committee of the Whole to pull this item from the Consent Agenda of the Village Board’s March 7, 2017, meeting to discuss the issue further.

XI. Department Head Updates None

XII. Adjourn There being no further items to discuss, a MOTION was made to adjourn the meeting at 7:06 p.m.

MOTION: Trustee Kraus SECOND: Trustee Dudek

The Voice Vote noted all ayes and the motion carried.

Respectfully Submitted,

Susan Greene, Deputy Village Clerk Nancy Bragg, Village Clerk March 21, 2017 Village Board Meeting

Agenda Item: Consideration for Approval Minutes of the March 7, 2017 Village Board Meeting

Report From: Administration

Motion: I will entertain a motion to approve the Minutes of the March 7, 2017 Village Board Meeting.

Exhibits A. Minutes

(Village Board Action Taken) Chapman Cosler Covelli Dudek Kraus McAlpine Kownick Motion Second Aye Nay

MINUTES

Village Board Tuesday, March 7, 2017 7:30 p.m.

Cary Village Hall 655 Village Hall Drive Cary, IL 60013

I. Call to Order This meeting was called to order at 7:30 p.m. by Mayor Kownick.

II. Roll Call Present: Mayor Kownick and Trustees Covelli, Dudek, McAlpine, Kraus and Cosler Absent: Trustee Chapman

Others present included Interim Village Administrator Rife, Village Clerk Bragg, Community Development Director Brian Simmons, Public Works Director Erik Morimoto, Chief Patrick Finlon, Village Attorney Adam Simon, and members of the audience per the sign‐in sheet.

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

IV. Open Forum The public is invited to make an issue‐oriented comment on any matter of public concern not otherwise on the agenda. There being no comments from the public, Mayor Kownick closed Open Forum at 7:31 p.m.

V. Mayor’s Report

VI. Consent Agenda 1. Consider for Approval the Warrant Dated 03/07/2017 2. Consider for Approval Minutes of the February 21, 2017 Committee of the Whole Meeting 3. Consider for Approval Minutes of the February 21, 2017 Village Board Meeting 4. Consider for Approval an Ordinance Allowing for the Issuance of a “Class J” Liquor License to Kojak’s Inc. for the Property Located at 700 Northwest Highway, Cary, Illinois 5. Consider for Approval a Video Gaming License for Kojak’s Inc. for the Property Located at 700 Northwest Highway, Cary, Illinois Page 2 of 3 Minutes ‐ Village Board Meeting March 7, 2017

6. Consider for Approval an Ordinance Granting a Map Amendment to B‐P Business Park District for the Vacant Property Located to the Southwest of the Intersection of Three Oaks Road and Georgetown Drive, identified as PIN 19‐11‐403‐001 7. Consider for Approval an Ordinance Granting a Conditional Use for a Solar Energy System for the Kids R Kids Daycare Property Located at 2250 Crystal Lake Road 8. Consider for Approval a Resolution Authorizing the Village Administrator to Execute the Second Optional One‐Year Contract Extension with Ryco Landscaping, Inc., Lake in the Hills, Illinois, for the 2017 Village‐Wide Mowing Services in FY2017‐2018 9. Consider for Approval an Ordinance Amending Title 5 – Business Taxes, Licenses and Regulation Establishing Chapter 5.35 – Raffles

Motion: Trustee Kraus moved, seconded by Trustee McAlpine, to approve the Consent Agenda Items #1 through #4 and #6 through #8.

Ayes: McAlpine, Kraus, Covelli, Dudek, Cosler Nays: None Abstain: None

Motion Carried.

VII. Items for Separate Action 1. Mayor Kownick entertained a motion to consider for approval a video gaming license for Kojak’s Inc. for the property located at 700 Northwest Highway, Cary, Illinois

Motion: Trustee Kraus moved, seconded by Trustee McAlpine to Consider for Approval a Video Gaming License for Kojak’s Inc. for the Property Located at 700 Northwest Highway, Cary, Illinois

Discussion None.

Ayes: Covelli, Kraus, McAlpine Nays: Dudek Abstain: Cosler

Motion Carried

2. Mayor Kownick entertained a motion to consider for approval an ordinance amending Title 5 – Business Taxes, Licenses and Regulation Establishing Chapter 5.35 ‐ Raffles

Motion: Trustee McAlpine moved, seconded by Trustee Dudek to Consider for Approval an Ordinance Amending Title 5 – Business Taxes, Licenses and Regulation Establishing Chapter 5.35 ‐ Raffles

Page 3 of 3 Minutes ‐ Village Board Meeting March 7, 2017

Discussion Chief Finlon stated that at the Committee of the Whole meeting, there had been a question about whether this type of ordinance was required by the state. Chief Finlon stated that the County will not issue a raffle permit for anyone requesting one within the corporate limits of the municipality. Therefore, if the Village does not have an ordinance in place, a group within the Village would not legally be allowed to hold a raffle. A violation for conducting a raffle without the proper license would be considered a Class C misdemeanor.

Ayes: Cosler, Covelli, Dudek, Kraus, McAlpine Nays: None Abstain: None

Motion Carried

VIII. Administrator’s Report Interim Village Administrator Rife stated that on March 21st, 2017, there will be a Joint Committee of the Whole and Board of Zoning, Planning and Appeals Meeting to discuss the Unified Development Ordinance (UDO). Interim Village Administrator Rife also stated the Budget Workshop meeting will be held on Saturday, March 11th at 9:00 a.m. Both meetings are open to the public.

IX. Department Updates None.

X. Future Agenda Items and Discussion by Village Board Trustee Dudek stated that he had the opportunity to meet consultant Bill Ganek. Trustee Dudek was impressed with the depth of his knowledge and encouraged those who haven’t had a chance to meet him to set aside time to do so.

XI. Adjourn

Motion: Trustee Kraus moved, seconded by Trustee Cosler to adjourn.

Ayes: All ayes by voice vote Nays: None

Motion Carried.

The meeting adjourned at 7:43 p.m.

Respectfully Submitted,

Susan Greene, Deputy Village Clerk Nancy Bragg, Village Clerk

March 21, 2017 Village Board Meeting

Agenda Item: Consideration for Approval Minutes of the March 11, 2017 Special Village Board Meeting

Report From: Administration

Motion: I will entertain a motion to approve the Minutes of the March 11, 2017 Special Village Board Meeting.

Exhibits A. Minutes

(Village Board Action Taken) Chapman Cosler Covelli Dudek Kraus McAlpine Kownick Motion Second Aye Nay

MINUTES

Special Village Board Meeting Budget Workshop Saturday, March 11, 2017 9:00 a.m.

Cary Village Hall 655 Village Hall Drive Cary, IL 60013

I. Call to Order This meeting was called to order at 9:00 a.m. by Mayor Kownick.

II. Roll Call Present: Mayor Kownick and Trustees Chapman, Covelli, Dudek, McAlpine, Kraus and Cosler Absent: None

Others present included Interim Village Administrator Rife, Village Clerk Bragg, Public Works Director Erik Morimoto, Finance Manager Mary Ventrella, Financial Consultant Michael DuCharme, Chief Patrick Finlon, Village Attorney Adam Simon, and members of the audience per the sign‐in sheet.

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

IV. Open Forum The public is invited to make an issue‐oriented comment on any matter of public concern not otherwise on the agenda. There being no comments from the public, Mayor Kownick closed Open Forum at 9:02 a.m.

V. Budget Presentation Discussion Interim Village Administrator Rife provided an overview of all funds, a review of FY2016‐17 General Fund, a review of strategic objectives for the FY2017‐18 budget, proposed balanced budget for FY2017‐18, a future General Fund outlook, the Water & Sanitation Fund and proposed Capital Projects for 2017‐18.

Page 2 of 4 Minutes – Special Village Board Meeting March 11, 2017

Interim Village Administrator Rife reviewed the Village’s Bond Rating, which is AA2. Trustee McAlpine asked if a rating of AA1 is feasible. Financial Consultant DuCharme stated that a rating of AA1 would be possible but difficult because the Village is not a home‐rule community and has limited resources.

Trustee Cosler stated that he noticed areas in Moody’s Report that might be a concern. Consultant DuCharme stated that the area that is listed as weakening is the Police Pension Fund and the increasing unfunded liability. Consultant DuCharme further stated that overall the Village was commended for its financial management and reserve levels.

Interim Village Administrator Rife stated that overall debt position is favorable.

Interim Village Administrator Rife reviewed strategic objectives for FY2017‐18.

Trustee Chapman stated that information was received by a study group that opposed development of the areas adjacent to the Jack’s Channel location due to environmental impacts. Interim Village Administrator Rife stated that this issue would be studied prior to decisions on possible development.

Interim Village Administrator Rife stated that the Village plans to visit 10‐15 Cary businesses this year. Trustee Dudek asked what was the focus for these visits. Interim Village Administrator Rife stated that the Village speaks to the business to ask how the business is doing, does the business have any concerns, is the business looking expand, etc. Trustee Dudek requested updates on the business visits for the Board.

Trustee Dudek stated he felt a joint RFP between the Village and Cary School District 26 should be explored. Interim Village Administrator Rife stated that he will continue to communicate with the Superintendent of Cary School District 26 regarding the property.

Interim Village Administrator Rife reviewed the proposed balanced budget for FY2017‐18.

Resident Jennifer Weinhammer, 502 Red Cypress Drive, asked what the goals are regarding the police pension fund to bring the Village where it needs to be. Interim Village Administrator Rife stated that the Village plans to continue to fund the police pension fund 100% based on the yearly actuarial estimate. Financial Consultant DuCharme stated that the Village utilizes an independent actuarial calculation to determine an annual pension requirement.

Trustee Cosler asked if there were any means of moving money from another fund into the General Fund. Interim Village Administrator Rife stated that it is possible, however, it is not recommended. Interim Village Administrator Rife stated increasing recurring revenues would assist with reducing deficits without transferring money from one fund to another.

Page 3 of 4 Minutes – Special Village Board Meeting March 11, 2017

Trustee Cosler asked about the total cost of contracted services. Trustee Cosler stated that expenses seem to be the same with less staff. Director Morimoto stated that certain services are specialty services that would cost the Village more if in‐house staff were utilized. Interim Village Administrator Rife added that by contracting out certain services, the Village is reducing the cost of benefits and the risk of liability, workman’s compensation, etc.

Interim Village Administrator Rife addressed the issue of staffing levels at the Village.

Chris Nantz, 442 Wentworth Circle, asked how far out does the Village project deficits and/or surpluses. Financial Consultant DuCharme stated that it is a challenge to project these items beyond the next 3 years due fluctuating property, income and sales tax from year to year, but the Village attempts to provide a 3‐year outlook to the Village Board.

Interim Village Administrator Rife reviewed the Water & Sanitation Fund for FY2017‐18.

Trustee McAlpine stated that certain projects, such as the Phosphorus Limit Project, are ones that the Village is required to do. Director Morimoto stated there are options such as a low‐ interest EPA loan opportunities to fund such State mandated items.

Interim Village Administrator Rife reviewed the proposed Capital Projects for FY2017‐18.

Trustee McAlpine stated that she did not necessarily feel that the Webstreaming/Agenda Management item was a necessity for the upcoming budget. Interim Village Administrator Rife stated that this program is scalable. Trustee Covelli stated she was supportive of the Webstreaming/Agenda Management item to further assist residents with questions they would like answers to. Trustee Covelli stated that if the system that is currently in place was improved, residents may utilize it more.

Mayor Kownick asked Director Morimoto if the funds received for the Three Oaks Road Design and the First Street Phase I projects are able to be recouped from the grants that the Village will be receiving. Director Morimoto stated that the grant the Village received is for construction only.

Trustee Chapman asked if the street sign replacement item was for lighted signs, such as those on Rakow Road. Director Morimoto stated that the proposed street sign item is to bring current street signs that are non‐compliant with MUTCD standards.

Trustee Dudek asked why the Downtown Streetscape Project budget number differs from what was discussed previously. Interim Village Administrator Rife stated that the new Board will decide whether to proceed with this project as previously presented or a modified version of it. Director Morimoto stated that there are options to the Downtown Streetscape Project so that the new Board can decide which items to proceed with.

Page 4 of 4 Minutes – Special Village Board Meeting March 11, 2017

Trustee McAlpine stated she felt that supporting the Downtown Streetscape Project, in conjunction with the Metra Improvement Project, would not only improve the look of the downtown area, but attract potential business to the Village.

Trustee Cosler stated that he feels there should be some focus to areas in the Village that are not part of the downtown corridor. Trustee Covelli stated that she does not currently support the Downtown Streetscape Project due to other capital needs. Trustee McAlpine stated she supported the Downtown Streetscape Project. Trustee Kraus stated he would support keeping the Downtown Streetscape Project in the FY 2017‐18 Capital Projects list, however he does not necessarily support the project as presented. Trustee Chapman stated he supported keeping the Downtown Streetscape Project in the FY 2017‐18 Capital Projects list. Trustee Dudek stated he would support keeping the Downtown Streetscape Project in the FY 2017‐18 Capital Projects list as a placeholder for later discussion.

Trustees Cosler, Kraus, Chapman, Covelli and Dudek were in favor of keeping the Webstreaming/Agenda Management Item on the FY 2017‐18 Capital Projects list. Trustee McAlpine stated she supported keeping the Webstreaming/Agenda Management Item in the FY 2017‐18 Capital Projects list as a placeholder for later discussion.

Interim Village Administrator Rife reviewed the Motor Fuel Tax Fund. Director Morimoto reviewed the bids received for the 2017 Road Program. The estimated cost was approximately $1.2 million. The bids that came back put the figure closer to $950,000.

Trustee Cosler stated that he felt the Revolving Loan Fund and the Meyer Material fine money, which total over $700,000, is not being utilized correctly.

VI. Future Agenda Items and Discussion by Village Board None.

VII. Adjourn Motion: Mayor Kownick entertained a motion to adjourn. So moved by Trustee Kraus, seconded by Trustee McAlpine.

Ayes: All ayes by voice vote Nays: None

Motion Carried.

The meeting adjourned at 10:40 a.m.

Respectfully Submitted,

Susan Greene, Deputy Village Clerk Nancy Bragg, Village Clerk

March 21, 2017 Village Board Meeting

Agenda Item: Consider for Approval an Ordinance Granting a Variance to Increase the Permitted Lot Coverage from 35% to 45% for the Property Located at 17 Tealwood Court

Type: Ordinance

Report From: Community Development

Motion: I will entertain a motion to approve an ordinance granting a variance to increase the permitted lot coverage from 35% to 45% for the property located at 17 Tealwood Court.

Background The Petitioner is requesting a lot coverage variation approval for the property located at 17 Tealwood Court in order to construct a pool, deck, and patio area. The subject property is located on the south side of Tealwood Court in the bulb of the cul‐de‐sac street. The property was originally developed as part of the Fox Trails subdivision and was constructed in 1989. In 1990 permits were issued to construct the existing deck and gazebo in the rear yard. A sunroom was also added to the rear yard in 2002. The proposed improvements will increase the Petitioner’s impervious surface coverage from 3,347 square feet (35.5%) to 4,277 (45.3%). A lot coverage variation is required as the proposed coverage will exceed the maximum of thirty‐five (35) percent permitted by code.

Action Requested The Board of Zoning, Planning and Appeals (ZPA) conducted a public hearing to review the proposed variation on Thursday, March 9th, and by a vote of 5‐0, recommended approval of the following motion:

A motion to recommend to the Village Board of Trustees, approval of a variance to allow an increase in the required lot coverage from thirty‐five (35) percent to forty‐five (45) percent for the property located at 17 Tealwood Court.

Details of the proceedings and items discussed during the ZPA hearings are included in the attached draft minutes. Staff will be present to answer any questions related to this matter.

Exhibits A. Ordinance B. ZPA Draft Minutes – March 9th Hearing C. ZPA Packet – March 9th Hearing

(Village Board Action Taken) Chapman Cosler Covelli Dudek Kraus McAlpine Kownick Motion Second Aye Nay

ORDINANCE NO. #O17‐03‐__

AN ORDINANCE GRANTING A VARIANCE TO INCREASE THE PERMITTED LOT COVERAGE FROM 35% TO 45% FOR THE PROPERTY LOCATED AT 17 TEALWOOD COURT, CARY, IL

ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS 21ST DAY OF MARCH, 2017.

Published in pamphlet form by authority of the Mayor and Board of Trustees of the Village of Cary, McHenry County, Illinois this 21ST day of March, 2017.

WHEREAS, a petition was filed by Michael and Susan Glines (“Applicant”) seeking approval of a variance to increase the maximum permitted lot coverage from thirty‐five (35) percent to forty‐ five (45) percent for the construction of a pool, deck, and patio area for the property located at 17 Tealwood Court, Cary, IL; and

WHEREAS, the subject property is zoned R‐2 under the Village of Cary Zoning Ordinance and located within the corporate limits of the Village of Cary; and

WHEREAS, the petition was reviewed by the Board of Zoning, Planning and Appeals (“ZPA”) during a public hearing, where after the taking of evidence and the viewing of exhibits, the ZPA recommended approval regarding the variance at 17 Tealwood Court; and

WHEREAS, the Mayor and Village Board of Trustees have determined that the variance is in the best interest of the Village of Cary.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Cary as follows:

SECTION 1: That the above recitals are incorporated as if fully set forth herein.

SECTION 2: That the variance to increase the maximum permitted lot coverage from thirty‐five (35) percent to forty‐five (45) percent for the construction of an in‐ground pool and patio area for the property located at 17 Tealwood Court, Cary, IL is hereby approved.

SECTION 3. Plan Approval. The following plan documents comprising Exhibit A attached hereto and made a part hereof by reference, are hereby approved and all standards, requirements, designs or specifications in such exhibits shall be binding on the Subject Property and considered conditions of approval for this Conditional Use.

A. Plat of Survey, Prepared by Luco Construction Co., Dated April 25, 2016 and Received by the Village of Cary Community Development Department on March 7, 2017

SECTION 4. Superseding Effect. The specific terms and conditions of this Ordinance shall prevail against other existing ordinances of the Village to the extent of any conflicts. Except for the foregoing limitation, the development of the Subject Property remains subject to all terms and conditions of applicable Codes and Ordinances of the Village of Cary including, without limitation, other zoning ordinances, building codes, subdivision regulations and regulations concerning the construction and design of public improvements.

SECTION 5. Penalties. Any person violating the terms and conditions of this Ordinance shall be subject to a penalty not exceeding Five Hundred Dollars ($500.00), with each and every day that the violation of the Ordinance is allowed to remain in effect being deemed a complete and separate offense. In addition, the appropriate authorities of the Village may take such other action as they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms.

SECTION 6. Enforcement. The Subject Property shall be made available for inspection by any department of the Village at all reasonable times for compliance with this Ordinance and any other applicable laws or regulations.

SECTION 7. Effective Date; Assent. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law, provided, however, that this Ordinance shall not take effect until a true and correct copy of this Ordinance is executed by the Applicant, or such other parties in interest as the Village may reasonably identify, consenting to and voluntarily agreeing to be bound by the terms and conditions of this Ordinance. Delivery to the Village of a copy of this Ordinance, as so executed, shall take place not later than sixty (60) days after the passage and approval of this Ordinance by the Corporate Authorities or within such extension of time as may be granted by the Corporate Authorities by motion.

SECTION 8. Severability. If any provision of this Ordinance, or any application thereof, is found by a court of competent jurisdiction to be invalid or unenforceable, it is the intent of the Village Board for such provision to be inseparable from the remainder of this Ordinance and such finding shall result in the invalidity of the entire Ordinance. In such event, all improvements permitted by this Ordinance shall be removed within a commercially reasonable time and the conditional use granted herein shall be of no further force or effect.

PASSED THIS 21ST DAY OF MARCH, 2017.

AYES:

NAYS:

ABSTAIN:

ABSENT:

APPROVED THIS 21ST DAY OF MARCH, 2017.

MAYOR

ATTEST:

VILLAGE CLERK

ACKNOWLEDGED AND ACCEPTED:

______By: Applicant’s Representative

MINUTES OF THE REGULAR MEETING OF THE BOARD OF ZONING, PLANNING AND APPEALS

CASE NUMBER: 17-ZPA-02-002

HEARING DATE: March 9, 2017

PROPERTY ADDRESS: 17 Tealwood Court

PETITIONER: Michael and Susan Glines

PIN NUMBER: 19-23-103-010

REQUEST Variation to Increase the Permitted Lot Coverage from 35% to 45% (Sec. 17.20.040)

MEMBERS PRESENT: Khoury, Chairman Kretschmer O’Laughlin Graziano Williams Village Clerk Bragg

MEMBERS ABSENT: Pippen Jasper

STAFF MEMBERS PRESENT: Brian Simmons, Director of Community Development

Chairman Khoury called the meeting to order at 7:30 PM. Member Williams arrived at 7:33 p.m. Chairman Khoury entertained a general consent motion to approve the minutes of February 23, 2017. The minutes were approved 4-0. Chairman Khoury called Village Case No. 17-ZPA-02-002 to order and reviewed the hearing and approval process with the petitioners.

Director Simmons presented an overview of the Petitioners request. The Petitioners, Michael and Susan Glines, are seeking to construct an above-ground pool, deck, and patio within the rear yard of the property located at 17 Tealwood Court. In addition to the improvements in their rear yard, the petitioners are also seeking to replace the service walk in front of the home with a larger paved surface. The proposed improvements will increase the Petitioner’s impervious surface coverage from 3,347 square feet (35.5%) to 4,277 square feet (45.36%).

Notice was printed in a timely manner in the Northwest Herald newspaper. The Petitioner has also completed the required written notice to property owners within 250 feet and Staff posted a public hearing sign on the subject property.

Member O’Laughlin asked for a brief review whether deck coverage would be allowed any impervious credit for water runoff. Director Simmons stated that decks are considered at 100% lot coverage.

The Petitioner, Susan Glines, presented plans for the family to improve the property for their family enjoyment. Chairman Khoury asked Mrs. Glines if there was any flexibility in the percentage of impervious coverage requested. Mrs. Glines agreed to discuss options in coverage percentages. Chairman Khoury asked the Board for comments regarding acceptable lot coverage percentages with the petition. Members Graziano and O’Laughlin agreed forty-five percent was acceptable.

Board of Zoning, Planning and Appeals – March 9, 2017 17-ZPA-02-002 Patrick Khoury, Chair

Chairman Khoury closed the public portion of the meeting at 8:08 pm.

Chairman Khoury entertained a motion to recommend to the Village Board of Trustees, approval of a variance to allow an increase in the required lot coverage from thirty-five (35) percent to forty-five (45) percent for the property located at 17 Tealwood Court.

Member O’Laughlin moved, seconded by Member Graziano, to recommend to the Village Board of Trustees, approval of a variance to allow an increase in the required lot coverage from thirty-five (35) percent to forty- five (45) percent for the property located at 17 Tealwood Court.

Voting Aye: Khoury, Kretschmer, Graziano, Williams, O’Laughlin Abstain: None Voting Nay: None

Motion Passed: 5-0

Director Simmons advised the Board of a scheduled COW/ZPA joint meeting on Tuesday, March 21, 2017 at 6:00 pm to discuss the unified development ordinance. The ZPA Board will also hold a hearing on a petition for 9 Sheffield Ct. on Thursday, March 23, 2017 at 7:30 pm.

Chairman Khoury entertained a motion to adjourn at 8:17 pm. Member O’Laughlin moved, seconded by Member Graziano and the meeting was adjourned at 8:17 pm.

Respectfully submitted,

______Susan Greene, Deputy Village Clerk

Board of Zoning, Planning and Appeals – March 9, 2017 17-ZPA-02-002 Patrick Khoury, Chair

March 21, 2017 Village Board Meeting

Agenda Item: Consider for Approval a Resolution Entering into a Loan Agreement with Kojak’s Inc. Utilizing the Village of Cary’s Revolving Loan Fund for the Property Located at 700 Northwest Highway

Type: Resolution

Report From: Community Development

Motion: I will entertain a motion to approve a resolution entering into a loan agreement with Kojak’s Inc. utilizing the Village of Cary’s Revolving Loan Fund for the property located at 700 Northwest Highway

Background On March 7th the Committee of the Whole reviewed a request from the owners of Kojaks seeking financial assistance through the Village’s Revolving Loan Fund (RLF) program. The restaurant is seeking to relocate their business operations from downtown to 700 Northwest Highway into the Cary Square Shopping Center. Kojak’s will be occupying the former lighting store located to the west of the Jewel Osco grocery store. The Committee directed staff to prepare a resolution for approval by the Village Board establishing the terms of a loan.

Staff Analysis As previously reported, Kojak’s is seeking approval of assistance from the Village in an amount of $75,000.00. This would equate to a match ratio of over 3 to 1 for the project based on proposed expenses. The restaurant will create 3 full‐time and 7 part‐time positions (or 6 FTE) over the next two years. Salaries will range from $8.50 to $14.00/hour. Should the Village Board support the proposed loan to the restaurant, staff would recommend the following terms be adopted by resolution. Staff will then work with the Village’s attorney to draft the appropriate legal documents related to the loan.

Loan Amount: $75,000.00 Loan Term: 7 years Interest Rate: 2.27%** Payment Schedule: Monthly Monthly Payment: $966.51 Total Interest: $6,187.26 Fees: Applicant responsible for any expenses incurred by Village for filing fees, document preparation, recording fees, etc.

** US Department of the Treasury Daily Treasury Yield Curve Rates for 7 year loan as of 2/27/16

Action Requested Staff recommends the Village Board approve a resolution providing a loan from the Village of Cary’s Revolving Loan Fund to Kojak’s Inc.

March 21, 2017 Village Board Meeting

Exhibits A. Resolution B. Application and Supporting Documents (This is a confidential document and will be provided to the Village Board through separate correspondence.)

(Village Board Action Taken) Chapman Cosler Covelli Dudek Kraus McAlpine Kownick Motion Second Aye Nay

RESOLUTION #R17‐03‐__

A RESOLUTION ENTERING INTO A LOAN AGREEMENT WITH KOJAK’S INC. UTILIZING THE VILLAGE OF CARY’S REVOLVING LOAN FUND FOR THE PROPERTY LOCATED AT 700 NORTHWEST HIGHWAY

ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS 21ST DAY OF MARCH, 2017

Published in pamphlet form by authority of the Mayor and Board of Trustees of the Village of Cary, McHenry County, Illinois this 21st day of March, 2017

WHEREAS, the Village has established an Economic Development Incentives Policy allowing for financial assistance on a case‐by‐case basis as approved by the Village Board of Trustees on December 17, 2013; and

WHEREAS, the Village has agreed to participate, subject to its sole discretion, in providing financial assistance for the proposed project through the use of a low interest loan from the Village’s Revolving Loan Fund, as set forth in an agreement; and

WHEREAS, the Kojak’s Inc. has requested assistance from the Village pursuant to the terms and provisions of the loan agreement; and

WHEREAS, the Kojak’s Inc. will provide a funding match ratio of at least 2 to 1 for loaned funds for the project and will create at least six (6) full‐time equivalent jobs with at least 51% being low/mod income.

NOW, THEREFORE, BE IT RESOLVED that the Village of Cary adopts this resolution to enter into a loan agreement with Kojak’s Inc. in an amount not to exceed $75,000.00 for eligible improvements to the tenant space located at 700 Northwest Highway. Said loan shall have a maximum term of seven (7) years, an interest rate of 2.27% compounded monthly, and payments due to the Village on the first day of each month.

SECTION 1: That the above recitals are incorporated as if fully set forth herein.

SECTION 2: If any part or parts of this Resolution shall be held invalid for any reason such decision shall not affect the validity of the remaining part or parts of this Resolution.

SECTION 3: This Resolution shall be in full force and effect from and after its passage and approval according to law.

PASSED THIS 21st DAY OF MARCH, 2017.

AYES:

NAYS:

ABSTAIN:

ABSENT:

APPROVED THIS 21st DAY OF MARCH, 2017.

MAYOR

ATTEST:

VILLAGE CLERK

March 21, 2017 Village Board Meeting

Agenda Item: Consider for Approval a Resolution Adopting the 2017 Village of Cary Official Zoning Map

Type: Resolution

Report From: Community Development

Motion: I will entertain a motion to approve a resolution adopting the 2017 Village of Cary Official Zoning Map.

Background Illinois State Statute requires the Village Board to approve an Official Zoning Map by March 31st of each year to reflect any changes that have occurred in the previous calendar year. Only two zoning changes have occurred to the Zoning Map since it was last revised. Both changes were in relation to the proposed Sage Products expansion and the recent map amendments approved by the Village Board related to the project. The attached Zoning Map reflects these changes.

Action Requested Staff recommends that the Village Board approve a resolution to adopt the 2017 Village of Cary Official Zoning Map.

Exhibits A. Resolution B. 2017 Village of Cary Official Zoning Map

(Village Board Action Taken) Chapman Cosler Covelli Dudek Kraus McAlpine Kownick Motion Second Aye Nay

RESOLUTION #R17‐03‐__

A RESOLUTION ADOPTING THE 2017 VILLAGE OF CARY ZONING MAP

ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS 21ST DAY OF MARCH, 2017

Published in pamphlet form by authority of the Mayor and Board of Trustees of the Village of Cary, McHenry County, Illinois this 21st day of March, 2017

WHEREAS, as mandated by the Illinois Compiled Statutes 5/11‐13‐19, the Corporate Authorities shall cause to be published no later than March 31st of each year, a map showing the existing zoning uses, divisions, restrictions, regulations and classifications for such municipality for the preceding year.

NOW, THEREFORE, BE IT RESOLVED that Mayor and Board of Trustees of the Village of Cary do hereby adopt and approve the 2017 Village of Cary Official Zoning Map, attached hereto and presented as “Exhibit A.”

SECTION 1: If any part or parts of this Resolution shall be held invalid for any reason such decision shall not affect the validity of the remaining part or parts of this Resolution.

SECTION 2: This Resolution shall be in full force and effect from and after its passage and approval according to law.

PASSED THIS 21st DAY OF MARCH, 2017.

AYES:

NAYS:

ABSTAIN:

ABSENT:

APPROVED THIS 21st DAY OF MARCH, 2017.

MAYOR

ATTEST:

VILLAGE CLERK

Zoning Map 8 Map Features

Property Lines Village Boundary Water

Zoning District

PO1 PO2 PO3 PO4 A1 E1 E1-PD R1 R2 R3 B1 B2 B3 B3R B4 BP M

Updated 3/7/2017

Department

Updates